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2007 Assessment

Ecuador: Integrity Indicators Scorecard

Ecuador: 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?	92
73	Can citizens access the anti-corruption agency?	75

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 National Constitution in article 220 institutes this Agency, as the organization mandated to fight corruption, the law grants political independence, administrative and economic self-sufficiency and recognizes the representativeness of the civil society. The Law of the Civic Commission to Control Corruption (Ley Orgánica de la Comisión Control Cívico de la Corrupción), in articles 1 and 2 creates and establishes the agency's goals.

References: National Constitution: Article 3, lit 6 (una administración libre de corrupción); and Article 220

Article 1 and 2 Ley Orgánica de la Comisión Control Cívico de la Corrupción.

Peer Review Comments: Th Constitution names the prosecutor general as the key official responsible for fighting corruption.

Is the anti-corruption agency effective?

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

Score:

YES

Comments: The Civic Commission for the Control of Corruption (CCCC), is an independent organization free from political interference.

References: Article 1, Ley Orgánica de la Comisión Control Cívico de la Corrupción.

Peer Review Comments: However, the method of choosing CCCC members is not free from political interference, as was shown by its most recent recomposition.

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

Score:

100

Comments: Ecuador has an Agency which exclusively is dedicated to fighting corruption and is called Civic Commission for the Control of Corruption (CCCC--Comisión Control Cívico de la Corrupción).

Additionally we have an Agency with dependency of the Fiscalía del Estado. This Agency fights with crimes such as bribes and the laundering of assets.

The CCCC has relative independence from political interference. This is structured with the participation of several Civil Society Organizations like: Asociación Ecuatoriana de Editores de Periódicos, de Canales de Televisión, de Radiodifusión, Federación Nacional de Periodistas , Cámaras de la Producción, Organizaciones de Derechos Humanos y Defensa de los Consumidores, etc.

References: [ LINK ] 2007/04/09 La ciudadanía es clave para frenar la corrupción.

Peer Review Comments: The Civic Commission of Corruption Control (CCCC Comisión de Control Cívico de la Corrupción) has been addressing corruption in Ecuador for a little over ten years. However, its reports do not have legal consequences, but instead are moral sanctions that are meant to encourage investigations that are to be carried out by the judicial system. This process has not always given good results, and this is one of the reasons why a National Anti-Corruption Secretary was created in February. However, this organization has not yet addressed nor sanctioned major corruption cases.

Peer Review Comments: The CCCC was compromised when two members were elected due to political interference. They were later expelled by the remaining members.

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

Score:

100

Comments: There were no cases of removal without relevant justification.

The agency has a Web site, which is updated frequently.

References: [ LINK ]

Peer Review Comments: No head has been removed, but a very dynamic head was replaced by an elderly person who had prestige and integrity, but lacked energy.

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

Score:

100

Comments: The actual members of the Civic Commission for the Control of Corruption (CCCC--Comisión Control Cívico de la Corrupción) were elected with professional several years experience. They are recognized as people with honesty and foresight.

References: [ LINK ]

Interview with Lcdo Juan Rosero, Coordinador Recursos Humanos (SENRES).

Peer Review Comments: This was the case when the CCCC was set up and during its initial years. Later, laxity and political pressures reduced the competency of the CCCC and severely damaged public confidence in it.

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

Score:

100

Comments: This Agency has full-time staff.

References: Interview with Lcdo Juan Rosero, Coordinador Recursos Humanos (SENRES).

Peer Review Comments: The staff are full time, yes; some are professional, some not.

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: There were no reported cases of a lack of resources.

References: Media outlets

Peer Review Comments: The funding has been reduced.

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

Score:

100

Comments: The Anti-Corruption Commission publishes regular bulletins that show the cases and the actions that have been taken.

References: [ LINK ]

Peer Review Comments: Reporting has declined in the past year or so, and the matters reported are not always significant.

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

Score:

100

Comments: The Anti-Corruption Comission has the legal ability and resources to gather information and carry out their investigations. The problem is that when the Commission finds an irregularity, the agency must inform the Controller General of the State (CGE--Contraloria General del Estado) and the Financial Ministry (Ministerio Fiscal). Only these agencies can initiate judicial inquiries.

References: [ LINK ] 2007/05/04 El 90% de las denuncias de Anticorrupción no trasciende

Peer Review Comments: The reports issued by the Civic Commission of Corruption Control (CCCC Comisión de Control Cívico de la Corrupción) do not have legal consequences, but instead are moral sanctions that are meant to encourage investigations that are to be carried out by the judicial system. This process has not always given good results, and this is one of the reasons why a National Anti-orruption Secretary was created in February. However, this organization has not yet addressed nor sanctioned major corruption cases.

Peer Review Comments: The originally proposed CCCC law was considerably watered down when it was passed. The CCCC has recommended amendments to strengthen its powers, but these efforts have been to no avail so far.

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

Score:

100

Comments: In practice, the Anti-Corruption Office has initiated many investigations, and many of them have been presented to the courts.

References: www.elmercurio.com.ec 2007-06-27 Informan sobre supuestos actos de corrupción, El secretario Nacional Anticorrupción, José Luis Cortázar, entregó la noche de ayer a la Policía Judicial al Secretario de Solidaridad Ciudadana, Darío Echeverría, para que sea investigado y enjuiciamiento por supuestos actos de corrupción, al extorsionar a Municipios siendo descubierto en forma flagrante.

Peer Review Comments: The enforcement of judgments issued by the Civic Commission of Corruption Control (CCCC Comisión de Control Cívico de la Corrupción) has been a problem in Ecuador, since this agency's rulings do not have legal consequences but instead have the effect of moral sanctions.

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: The agency acts within a reasonable time period, if they have all the needed information.

References: [ LINK ]

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

Score:

100

Comments: The Anti-Corruption Commission has been cautious in this area and additionally has the legal obligation to those who collaborate with it.

References: Media.

[ LINK ] 2006/11/14 Sin planes concretos para frenarla

[ LINK ] 2006/10/26 Un problema que corroe a todas las esferas públicas.