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2008 Assessment

Azerbaijan: Integrity Indicators Scorecard

Azerbaijan: Integrity Scorecard Report > Sub-Category: Whistle-blowing Measures
Indicators		Score
48	Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?	31
49	Is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?	100
50	In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?	31

Indicator and sub-Indicator Details

Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?

48a: In law, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments: There are no laws on whistle-blower protections for individuals who lodge complaints about corruption in Azerbaijan.

References: The Legislation of Azerbaijan.

48b: In practice, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: The government does not have whistle-blower protection measures.

References: Interview with Mehemmed Talibli, the chairman of Economic Innovation Center, reports of mass-media institutes, NGOs.

48c: In law, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments: There is no law specifically covering the private sector but still some laws are still applicable.

References: The Legislation of Azerbaijan.

Peer Review Comments: Ordinary citizens are protected under the Criminal Procedure Code and other relevant laws.

48d: In practice, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: In practice, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are not protected from recrimination or other negative consequences.

References: Interview with lawyers, journalists and NGOs representatives, interview with Mehemmed Talibli, independent expert.

Peer Review Comments: It is hard to respond this question because there is a cultural factor involved. In general, people do not respect a "rat," whether in the government or the private sector.

Is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

49: In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

Score:

YES

Comments: Soma legislation covers internal mechanism, for example, phone hotlines and forums are applied by many executive agencies.

References: The Legislation of Azerbaijan.

In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?

50a: In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.

Score:

100

Comments: Many government bodies have online forums, and hot-lines where people can report corruption.

References: Interview with Alimammad Nuriyev, independent lawyer, reports from government, mass-media institutes, NGOS.

50b: In practice, the internal reporting mechanism for public sector corruption receives regular funding.

Score:

100

Comments: In cases of some government bodies, the internal reporting mechanism for public sector corruption receives regular funding both from the budget and other resources.

References: Interview with lawyer, civil servants, NGOs, interview with Gubad Ibadoglu, the chairman of Economic Research Center, www.erc-az.org, Rovshen Agayev, the deputy to chairman of Economic Initiatives Center.

50c: In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.

Score:

100

Comments:

References: Interview with lawyer, civil servants, NGOs and mass-media reports.

50d: In practice, when necessary, the internal reporting mechanism for public sector corruption initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: When irregularities are discovered, the agency/entity is aggressive in investigating the government or in cooperating with other agencies\' investigations. <p>50 Score Criteria: The agency/entity starts investigations, but is limited in its effectiveness. The agency/entity may be slow to act, unwilling to take on politically powerful offenders, reluctant to cooperate with other investigative agencies, or occasionally unable to enforce its judgments. <p>0 Score Criteria: The agency/entity does not effectively investigate. The agency/entity may start investigations but not complete them, may refuse to cooperate with other investigative agencies, or may fail to detect offenders. The agency/entity may be partisan in its application of power.$

Comments:

References: Interview with lawyer, civil servants, NGOs and mass-media reports, interview with Rvoshen Agayev, independent expert, and H.Hasanov, the independent lawyer.