Reform Proposed Archives | Page 5 of 6 | Citizen's Platform for SDGs, Bangladesh

MOU should be signed with CAG and IMED so that ACC is notified and provided access to all relevant information in case corruption is uncovered or suspected by CAG and IMED during their mandated work.

The number of ACC Directors General (DGs) should be increased from 8 to 12. The following 12 divisions should be created under their supervision: 1) Administration, Finance and Human Resources; 2) Prevention and Public Communication; 3) Information Technology; 4) Training, Research, and Development; 5) Legal and Prosecution; 6) Investigation-1; 7) Investigation-2; 8) Special Investigation; 9) Money Laundering; 10) Undercover Inquiry-1; 11) Undercover Inquiry-2; and 12) Internal Discipline.

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).

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.

All laws related to criminal defamation, such as Sections 499, 500, 501, and 502 of the Bangladesh Penal Code of 1860, and Section 29 of the Cyber Security Act of 2023, should be repealed. Along with that, a system can be introduced to entrust the regulatory body, the proposed Media Commission, with offenses related to defamation involving journalists. The power given to the government to forfeit newspapers under Sections 99A and 99B of the Code of Criminal Procedure, 1898, is contrary to the International Covenant on Civil and Political Rights (ICCPR). Therefore, it should be repealed.

The Bangladesh Media Commission can be formed by combining the currently active Bangladesh Press Council for newspapers and news agencies, and the Broadcast Commission proposed by the previous government for broadcast media and online platforms. This institution must be established as an independent body, free from government control. Media institutions may finance the expenses of this organisation by determining a fixed-rate contribution from their income. As a media regulatory body, the responsibilities that the Bangladesh Media Commission will perform include: a. Determining the qualifications and disqualifications of publishers and editors so that persons convicted of criminal offences and loan defaulters cannot become media owners/editors. b. Determining the minimum educational qualification for journalism. c. Journalists working across the country will be registered with the Media Commission, and the Commission will maintain a list of them. d. It will formulate a code of conduct for journalists and ensure its compliance. e. It will recommend the issuance of licenses for broadcast media (TV and radio) and online portals and ensure compliance with the conditions of those licenses. f. Providing remedies for complaints by individuals, institutions, or groups harmed by false or deliberately motivated news. If this is possible, it will achieve an important advancement in establishing institutional accountability of the media, and the media will be able to earn public trust.