ACC seeks constitutional power to be independent

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UNB, Dhaka :
Admitting that it has failed to prove many corruption cases due to the apathy of other government institutions, the Anti Corruption Commission (ACC) in its 2013 annual report has sought constitutional power so that it could work effectively in curbing grafts.
“The Anti Corruption Commission in different parts of the world is a constitutional body. However, in the case of Bangladesh, there is no such provision in the constitution delineating the power of the ACC, as seen inter alia, in the case of Election Commission and other constitutional bodies,” the report stated.
Therefore, it noted, the constitution of Bangladesh can have in it clearly delineated the powers and activities of the Commission.
The annual report, submitted to the President on May 21, also said the past experience reveals that the ACC often has to continue with probes on the basis of poor reporting and chargesheets for lack of cooperation, apathy and incapacity of other government institution.
“Without a mechanism for exchange of information between and among these government organisations, it is not possible to validate many of the cases,” the report stated.
It further said, “In order to instigate a culture of cooperation within the government agencies and organisations, appropriate legislation, in harmony with national laws and international good practices, needs to be enacted.”
About giving it constitutional power, ACC chairman M Badiuzzaman told UNB that there are some constitutional bodies in Bangladesh and some of them formed following laws, but their rules of business are similar.
He, however, said if the national anti-graft body is mentioned in the country’s constitution, the foundation of the national anti-graft body would get stronger and its acceptability would be increased to all.
Executive Director of Transparency International Bangladesh (TIB) Dr Iftekharuzzaman said the ACC should be brought under the constitutional framework to keep it free from all sorts of influence and make it a truly independent anti-graft body.
“If the ACC could be acknowledged as a constitutional body, a specific budgetary allocation will be given in the national budget that will help it overcome the financial weakness, and political pressure on the Commission could be minimised,” he said.
The ACC in its report stressed the need for strengthening collaboration and partnerships with the national and international organisations to enhance its efficiency and capacity.
“The government shouldn’t strangle the freedom of the ACC by proposing that it cannot sign any agreement, receive assistance or loan without permission,” said the report.
About the commission’s power to collaborate with different organisations, ACC chairman Badiuzzaman said many foreign partners like GIZ, the World Bank and ADB provide support to the ACC. “There’s no interference of the government.”
Dr Iftekharuzzaman said, the ACC feels ‘psychological barrier’ to sign deal with foreign organisations. “It has been observed when ACC signed agreement with World Bank in Padma Bridge issue.”
He said, the ACC should increase its partnership with non-government organisations and development partners to increase its capacity to fight corruption.
The ACC report also underscored the need for setting up its offices in all districts to accelerate its activities.
Currently, the ACC is running with only 22 integrated district offices.
Describing the commission’s activities, the annual report revealed that about 1,598 graft cases were disposed of by the special judge courts during 2011-13. Of these, 811 cases were filed by the ACC while remaining 787 were filed during the period of the now-defunct Bureau of Anti Corruption.
Courts in their various verdicts convicted accused in 690 cases. The rate of conviction was 47.1 percent in the cases filed by the ACC and 39.14 percent in case of those filed by the abolished Bureau of Anti Corruption.
The report said the ACC has taken action against 95 officials and employees for wrongdoing and violating rules up to December 2013. Among them, 18 have been given major punishment while 18 given light punishments.
The national anti-graft body conducted 596 enquiries in 2013. Based on the inquiries, the commission has filed 238 cases.
About the ACC’s probe into the money-laundering allegations, the report revealed that a total of 180 probes into the money-laundering allegations were conducted in 2013 which is almost three times higher than those of 2012 and 2011.
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