Only 37pc of graft accused convicted

The conviction rate in corruption cases handled by the Anti-Corruption Commission was only 37 percent on average in the last three years, says a TIB study.

Lack of skills of the investigators, non-compliance of due procedures in filing cases and low presence of witnesses are some of the factors contributing to this, it says.

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“People see that many corrupt people are arrested, but not many of them are convicted finally. That is the reason why public perception is negative about the commission's effectiveness,” said TIB Trustee Board Chairperson Sultana Kamal.

TIB Executive Director Dr Iftekharuzzaman stressed the need for strengthening the investigation process further.

“Those involved in corruption are very smart. So, the ACC has to improve its capacity, skills and logistics,” he said.

According to the study, the number of graft complaints to the ACC is 9,810 a year, which is 0.006 percent of the country's population.

The number is very low, given that 68 percent people of the country are victims of corruption, it noted.

TIB researchers Shammi Laila Islam and Shahzada M Akram presented the study at a press conference at the TIB office in the capital yesterday.

The study titled “Review of Bangladesh's Anti-Corruption Commission” is the first of its kind conducted in Bangladesh after the Berlin-based Transparency International designed a new tool in 2013-2015 to assess strengths and weaknesses of the anti-corruption institutions in the Asia-Pacific region.

The research conducted from November 2015 to April this year is based on data from 2013 to 2015. It set 50 indicators under seven areas of ACC activities and put the indicators in high, medium and low categories.

According to the study, ACC's overall performance fell in the medium category with a score of 61.22 percent. A score of 67-100 percent is considered a high score, 34-66 percent a medium score and 0-33 percent a low score.

The ACC got the highest score (78.57 percent) in terms of legal independence and dignity, the second highest score (72.22 percent) in corruption prevention, education and outreach activities, and the lowest score (28.57 percent) in public perception.

“There are a good number of positive indicators based on which we can look forward,” said Sultana Kamal.

LEGAL INDEPENDENCE

Though the ACC has a good legal framework, its independence and neutrality are questionable, says the study.

Application of the ACC's legal power depends on the commissioners' independent mentality. But their recruitment process is not fully transparent as the names of those selected are not made public before recruitment.

Also, the ACC is not free from political bias, it says.

The ACC's financial dependency on the government limits its autonomy and objectivity, the report says, adding that information providers think the government uses the ACC as a tool against the opposition.

FINANCE AND MANPOWER

From 2013 to 2015, the ACC's budget was 0.025 percent of the annual national budget. And the prime challenge for the commission is insufficient manpower for carrying out investigation and graft cases.

Besides, anti-corruption activities are hampered as the ACC doesn't have offices and adequate manpower in all districts.

INVESTIGATION

Compared to the population and the extent of corruption in Bangladesh, people's access to the ACC for filing complaints is low.

“In most cases, the ACC probe is not completed in due time though the ACC thinks its personnel are skilled and professional,” the study says.

A matter of concern is that the commission managed to seize and recover a very small portion of the country's laundered money.

The amount of recovered money was Tk 72.812 crore in 2013-15 whereas $430 million was laundered from Bangladesh every year from 2004 to 2013.

GRAFT PREVENTION, OUTREACH

In 2013-2015, the ACC had no allocation for research or any coordinated plan to prevent corruption. It, however, carried out some activities through corruption prevention committees and Satata Sanghas (honesty clubs).

The commission has not yet taken any initiative to create public awareness through the social media, the report says.

COLLABORATION WITH OTHER INSTITUTIONS

The ACC participates in the activities of international anti-corruption networks, but has no effective cooperation with the anti-corruption institutions of other countries, the study says.

The ACC's level of collaboration with the National Board of Revenue and the offices of the Comptroller and Auditor General and the Attorney General is not adequate or effective, it says.

ACCOUNTABILITY AND SUPERVISION

The absence of external supervision over the ACC is a matter of concern, says the TIB report.

Though there is an ACC branch to supervise and evaluate ACC's probe reports, it does not include any people's representative.

PUBLIC PERCEPTION

A TIB survey (Global Corruption Barometer 2015, not published yet) conducted last year found that 82.9 percent respondents didn't know about the ACC or its activities, while only 9.1 percent said the ACC was doing good work to prevent corruption, the report notes.

Many think the ACC is not effective in fighting corruption, while people don't have any idea about important laws and processes of fighting corruption.

There are allegations that the ACC's treatment of those under investigation depends on their social and economic status, the study says.

The TIB suggested increasing the budget for the ACC, improving skills and capacity of the ACC personnel, ensuring transparency in selecting commissioners and forming an independent committee to evaluate the ACC's activities and advise it.

The report also recommended using modern technologies in case management, ensuring protection of the informants and consulting legal experts.

To secure public confidence, the ACC has to publicise its achievements, make public the income and assets of the ACC commissioners and high-ups, take action against the corrupt people no matter how powerful they are and complete the investigations timely, adds the report.

TIB Deputy Executive Director Sumaiya Khair and Professor of Public Administration at Dhaka University Dr Salahuddin M Aminuzzaman also spoke at the press conference.