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2007 Assessment

Azerbaijan: Integrity Indicators Scorecard

Azerbaijan: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators		Score
71	In law, is there an agency (or group of agencies) with a legal mandate to address corruption?	100
72	Is the anti-corruption agency effective?	44
73	Can citizens access the anti-corruption agency?	25

Indicator and sub-Indicator Details

In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

71: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

Score:

YES

Comments: The Commission on Combating Corruption under the State Council on Management of the Civil Service was established according to the Anti-Corruption Act of 2004.

References: Reference: Anti-Corruption Law of Azerbaijan Republic.

Peer Review Comments: The Commission on Combating Corruption has no investigative powers. It is a policy-making agency, and the complaints about corruption that it receives, it refers to the relevant governmental institutions for review.

Is the anti-corruption agency effective?

72a: In law, the anti-corruption agency (or agencies) is protected from political interference.

Score:

YES

Comments: Under the law, the anti-corruption agency (or agencies) is protected from political interference.

References: Reference: Anti-Corruption Law of Azerbaijan Republic.

72b: In practice, the anti-corruption agency (or agencies) is protected from political interference.

Score:

100

Comments: In practice, the anti-corruption agency is almost not protected from political interference.

References: Reference: Reports by Azadliq newspaper. www.azadliq.az Reports by Transparency International. Reports by Anti-Corruption Collation.

Peer Review Comments: It is influenced by political incentives.

72c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.

Score:

100

Comments: The eead of the anti-corruption agency can be removed from office without relevant justification.

References: Reference: Reports by Azadliq newspaper. www.azadliq.az Reports by Transparency International. Reports by Anti-Corruption Collation.

Peer Review Comments: As in all other spheres, here too the head of the anti-corruption agency can be removed from office without relevant justification in Azerbaijan.

72d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.

Score:

100

Comments: The main criteria is the network or regionalism.

References: Reference: Reports by Azadliq newspaper. www.azadliq.az Reports by Transparency International. Reports by Anti-Corruption Collation.

Peer Review Comments: This is not always the case. The Anti-Corruption Commission has a Permanent Secretariat. The Secretariat has a professional staff and reform-minded personnel. The Secretariat is a public institution, and its members are public servants.

72e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: The agency has a full-time staff, but it is hard to characterized them as professional.

References: Reference: Reports by Azadliq newspaper www.azadliq.az Reports by Transparency International. Reports by Anti-Corruption Collation.

Peer Review Comments: The Secretariat has a limited but well-educated and professional staff. In addition, The Department on Combating Corruption within the General Prosecutor's Office also has a professional and full-time staff.

72f: In practice, the anti-corruption agency (or agencies) receives regular funding.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a predictable source of funding that is fairly consistent from year to year. Political considerations are not a major factor in determining agency funding. <p>50 Score Criteria: The agency (or agencies) has a regular source of funding, but may be pressured by cuts, or threats of cuts to the agency budget. Political considerations have an effect on agency funding. <p>0 Score Criteria: The agency\'s funding sources are unreliable. Funding may be removed arbitrarily or as retaliation for agency actions.$

Comments: The agency receives funding from the state budget.

References: Reference: Reports by Azadliq newspaper. www.azadliq.az. Reports by Transparency International. Reports by Anti-Corruption Collation.

Peer Review Comments: The entity has limited funds to operate.

72g: In practice, the anti-corruption agency (or agencies) makes regular public reports.

Score:

100

Comments: Such reports are not often made.

References: Reference: Reports by Azadliq newspaper. www.azadliq.az. Reports by Transparency International. Reports by Anti-Corruption Collation.

Peer Review Comments: The agency has not made one single normal report publicly available till now.

Peer Review Comments: The Commission has a comprehensive Web site that is available for public use.

72h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.

Score:

100

Comments: The agency is regulated by the president's office.

References: Reference: Reports by Azadliq newspaper. www.azadliq.az. Reports by Transparency International. Reports by Anti-Corruption Collation.

Peer Review Comments: The agency is under the political control of the government.

72i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.

Score:

100

Comments: The agency can independently initiate investigations, but agreement from the president's office is crucial.

References: Reference: Reports by Azadliq newspaper. www.azadliq.az. Reports by Transparency International. Reports by Anti-Corruption Collation.

Peer Review Comments: The agency does not independently initiate investigations, it just fulfills the orders from the president's office.

Peer Review Comments: Actually, criminal legislation regulates this issue. The Department on Combating Corruption under the General Prosecutor's Office is a specialized investigative agency.

Can citizens access the anti-corruption agency?

73a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.

Score:

100

Comments: It takes a long time.

References: Reference: Reports by Azadliq newspaper. www.azadliq.az. Reports by Transparency International. Reports by Anti-Corruption Collation.

Peer Review Comments: In practice, it is very rare that the agency acts on complaints within a reasonable time period.

73b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.

Score:

100

Comments: It depends on the level of complaint, because if citizens complain about high-ranking officials to the anti-corruption agency, there willdefinitely be fear of recrimination. But if citizens complain about a univesity educator or doctor to the anti-corruption agency, there will not be fear of recrimination.

References: Reference: Reports by Azadliq newspaper. www.azadliq.az Reports by Transparency International. Reports by Anti-Corruption Collation.

Peer Review Comments: There is no whistleblower protection in Azerbaijan.