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2007 Assessment

Azerbaijan: Integrity Indicators Scorecard

Azerbaijan: Integrity Scorecard Report > Sub-Category: Whistle-blowing Measures
Indicators		Score
45	Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?	0
46	In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?	100
47	In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?	38

Indicator and sub-Indicator Details

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

45a: 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 is no law on whistle-blowing.

References: Reference: The Legislation of Azerbaijan Republic.

Peer Review Comments: There are no whistle-blower protections for individuals who lodge complaints about corruption. However, a draft law on conflict of interest is considering whistle-blower measures for civil servants.

45b: 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: In practice, the government does not have whistle-blower protection measures, and there is no witness-protection program in Azerbaijan.

References: Reference: Interview with Mehemmed Talibli, independent expert. Reports by "Expert." www.ekspert.az

Peer Review Comments: I agree. There are no protections for whistleblowers in Azerbaijan.

45c: 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 covering the private sector.

References: Reference: The Legislation of Azerbaijan Republic.

45d: 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: There is no protection.

References: Reference: Interview with Mehemmed Talibli, independent expert. Reports by "Expert." www.ekspert.az

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

46: 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: The Anti-Corruption Law has such requirements.

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

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

47a: In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.

Score:

100

Comments: The Ministry of Taxes and police department use internal reporting mechanisms, and they are full-time staff.

References: Reference: CESD Reports. www.cesd.az Interview with Ilham Haciyev, an independent expert (July 2007).

Peer Review Comments: Another agency is the Public Prosecutor's Office.

Peer Review Comments: In some ministries, this work is not performed by professional investigators, but by the human resources department.

47b: In practice, the internal reporting mechanism for public sector corruption receives regular funding.

Score:

100

Comments: Funding comes from the state budget.

References: Reference: Reports by Ministry of Finance. Reports by the Parliament. Reports by ERC. www.erc-az.org

Peer Review Comments: The Ministry of Tax and Ministry of Internal Affairs have a fully-functioning internal reporting mechanism with a separate staff and sufficient funding. The funding comes from the state budget of the ministry.

47c: In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.

Score:

100

Comments: The agency cannot resolve complaints very fast, usually it takes more than month. Serious abuses are not investigated with any urgency.

References: Reference; Interview wthi Rovhsen Agayev, independent expert, August, 2007, Reports by "Azadlig", www.azadliq.az

Peer Review Comments: Serious abuses are investigated fast, especially in politically-valuable cases. University students often appealed with complaints, and they were investigated in a reasonable time.

47d: 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: The agency does not effectively investigate. The agency may start investigations but not complete them.

References: Reference: Interview with some HR Defenders, including Mirvarin Gehremanli and Emil Aliyev (July 2007). Reports by the media, including "Gunderlik Azerbaijan." www gunazer.com

Peer Review Comments: The agency is unwilling to take on politically powerful offenders on its own. In the rest of the cases in can be slow, but it reacts.