Anti Corruption Archives | Page 3 of 5 | Citizen's Platform for SDGs, Bangladesh

Through the signing of Memorandums of Understanding (MoU), focal persons must be designated, authorised by respective agencies such as NBR, CID, BFIU, and the Directorate of Registration to assist the ACC in its work.

The potential positive and negative outcomes of introducing Plea Bargaining in offences under the ACC’s jurisdiction should be thoroughly examined and comparatively analysed to reach a practical decision. (In many countries, this system has significantly contributed to making anti-corruption processes more effective and dynamic. According to the ACC Reform Commission, a comprehensive examination of pros and cons of plea bargaining is necessary to assess its feasibility, especially in cases of petty corruption and money laundering).

“Special Judge Courts” must be established without delay in every district where ACC offices currently exist. In other districts where new ACC offices will be established as recommended under this report, special judge courts should also be promptly set up.

Section 32A of the Anti-Corruption Commission Act, 2004, should be repealed. (Under this section, the ACC is required to obtain prior approval from the government before filing a case against any judge, magistrate, or government employee, consistent with Section 197 of the Code of Criminal Procedure.)

The ACC must formulate a Prosecution Policy to clearly specify which scheduled offences it will investigate based on the severity of the offence and public interest. For other offences, the ACC will forward the complaints to the relevant police station for investigation. Section 20 of the Anti-Corruption Commission Act, 2004, should be amended to empower the police to investigate complaints forwarded by the ACC.

The current mandatory provision of pre-investigation inquiry before launching investigations for each offense listed under the ACC’s jurisdiction should be abolished. * If specific information about an offense is received in writing from a specific person, the ACC should directly file a case and initiate an investigation. * If the information or message about an offense is not received in writing from a specific person, the ACC may conduct a covert inquiry based on the importance of the information or message.

To enhance the transparency of the ACC’s JABAC, the following measures must be ensured: * Through the application of Rule 5(4) of the Anti-Corruption Commission Regulations, 2007, JABACs should be reconstituted at regular intervals (at least twice a month, if possible), and the same person should not serve in JABAC consecutively for an extended period. * No more than one deputed official can be among the three members of JABAC.

If a specific individual or institution files a complaint with the ACC, a legal provision should be enacted to ensure that the ACC promptly informs the complainant in writing about the actions taken on the complaint (inquiry/investigation/settlement) along with the reasons.

To avoid delays and to streamline complaint management, the following measures must be implemented: * The recommendations of the Complaint Scrutiny and Selection Committee (JABAC) at the district or divisional ACC offices should not be subjected to further scrutiny by the central JABAC at ACC headquarters. * For complaints related to offences below a certain level of severity (as determined by ACC guidelines), the district or divisional ACC offices should be authorised to independently take necessary actions on complaints.

The proposed “Selection and Review Committee” will review ACC activities by following these procedures: * Every six months, the ACC will prepare a performance report and submit it to the proposed Selection and Review Committee. * The format of the report will be determined by the Committee but must include: i) Number of complaints received and forwarded for investigation after initial scrutiny. ii) A brief explanation of why complaints were accepted or rejected. iii) Number of ongoing cases categorised by the nature and extent of corruption. iv) Number and types of ongoing covert investigations. v) Details of ACC’s actions regarding serious and large-scale corruption allegations reported in the media. vi) Progress report on investigations and trials related to money laundering crimes. vii) Updates on cooperation with various government and state agencies. viii) Reports on corruption prevention activities. ix) Progress on addressing internal corruption within the ACC itself. x) A description of ACC’s corruption prevention initiatives. * The Committee will organise public hearings based on the reports submitted by the ACC. * The Committee will, to the extent possible, allow participation and comments from representatives of civil society, media, and non-governmental organisations during the hearings. * After the hearings, the Committee will issue a written review report. * The Committee will ensure that the public hearings do not compromise the confidentiality of any ongoing investigation or inquiry, nor trigger discussions on specific allegations or cases. * The Committee will formulate a Standard Operating Procedures (SOP) for the public hearings and ensure their proper adherence.

Total Reforms Being Tracked

47

22

Reform Proposed

The reform idea or commitment is publicly articulated.

18

Reform Initiated

Preliminary steps are taken (e.g., circulars or notices by relevant...

07

Legal and Policy Framework

The reform is codified in policy, law, or regulation.

00

Operationalisation

Institutional or administrative mechanisms are established for the reform delivery.

00

Action Implementation

Tangible actions showing visible progress or outcomes are taken.