| 74 |
Is there an agency (or group of agencies) with a legal mandate to address corruption? |
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74:
In law, is there an agency (or group of agencies) with a legal mandate to address corruption?
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| Score: |
YES |
NO |
 |
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Comments:
References: No special agency
Peer Review Comments: There are internal investigative units in public agencies. The MOI has a special unit that deals with corruption, with the prosecutor's office coordinating the cases.
Peer Review Comments: There are agencies dealing with corruption crimes in the General Prosecutor's Office and another one at the MIA. Thus a YES score is earned as per the criterion description.
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| 75 |
Is the anti-corruption agency effective? |
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75a:
In law, the anti-corruption agency (or agencies) is protected from political interference.
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| Score: |
YES |
NO |
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Comments:
References: There is no such agency.
Peer Review Comments: It is not that no such agency exists, but whether the existing ones are protected from the government.
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75b:
In practice, the anti-corruption agency (or agencies) is protected from political interference.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: There is no special agency.
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75c:
In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: No such agency exists apart from the General Prosecutor's Office. The prosecutor can be removed at any time at the discretion of the president.
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75d:
In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: There is no independent, special anti-corruption agency or collection of agencies/entities.
Peer Review Comments: Appointments are, in many cases, based on professional qualifications. However, individuals who are appointed do have clear party loyalties.
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75e:
In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: There is no independent, special anti-corruption agency or collection of agencies/entities.
Peer Review Comments: The staff has the qualifications. The issue is their independence.
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75f:
In practice, the anti-corruption agency (or agencies) receives regular funding.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: There is no independent, special anti-corruption agency or collection of agencies/entities.
Peer Review Comments: The agencies both at the MIA and GP's office have a predictable source of funding that is fairly consistent from year to year. Political considerations are not a major factor in determining agency funding.
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75g:
In practice, the anti-corruption agency (or agencies) makes regular public reports.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: There is no independent, special anti-corruption agency or collection of agencies/entities.
Peer Review Comments: These agencies do not engage in public reporting.
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75h:
In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: There is no independent, special anti-corruption agency or collection of agencies/entities.
Peer Review Comments: If they were independent, they would have the powers. However, the issue of coordination would hamper their work, however.
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75i:
In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: There is no independent, special anti-corruption agency or collection of agencies/entities.
Peer Review Comments: They do if the criminal case does not involve high public officials.
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| 76 |
Can citizens access the anti-corruption agency? |
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76a:
In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: There is no independent, special anti-corruption agency or collection of agencies/entities.
Peer Review Comments: This largely depends on the "caliber" of the case or complaint.
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76b:
In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: There is no independent, special anti-corruption agency or collection of agencies/entities.
Peer Review Comments: Whistle-blower protection provisions need much improvement.
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