Experts and stakeholders have underscored reforms in the Anti-Corruption Commission that would empower it to act with effective independence in its fight against corruption, freeing it from both political and bureaucratic influences.
Their opinion has come as one in a set of recommendations which also include giving more power to the anti-graft body.
Most of the times since its establishment, the top three officials—chairman and two commissioners—have been appointed from among retired bureaucrats, while serving bureaucrats have been appointed to other key posts, including the secretary and directors general.
Although a search committee is there whose task is to recommend six potential names for the president to pick three officials from, in reality retired civil servants were awarded the positions in most cases.
The government, by dint of its authority for appointing the top brass of the organisation, placed its favoured officers in the commission and maintained comfortable control over it. As a result, the agency’s ability to act with independence in fighting corruption had remained severely tied down right from its establishment in 2004, experts told New Age.
Despite officially being an independent agency, the anti-corruption commission has rather been used as a weapon by the political governments against their opponents, they observe.
For the same reason, the agency could rarely take into account the corruption allegations brought against the powerful ones, particularly the politicians, bureaucrats and businesspeople belonging to or associated with the ruling parties, experts have said.
Even the commission, in most cases, had failed to initiate an inquiry or file any cases against powerful quarters without a go-ahead from the government.
Transparency International Bangladesh executive director Iftekharuzzaman observes, ‘The ACC never had played a role as an independent body as the partisan governments held the agency hostage, while it was all through controlled by the bureaucrats.’
‘All the political governments used the ACC as a weapon for harassing opposition people in the past, but the trend should change to fight corruption,’ he adds.
The Anti-Corruption Commission must be freed from political and bureaucratic influences with some of its rules requiring amendment to enable it to work independently, according to Iftekharuzzaman, also head of the ACC Reform Commission, one of the reform commissions recently formed by the incumbent interim government.
‘Reform is needed to free the ACC from the influence of bureaucrats and government, while there is also a need for political and administrative reforms,’ he added.
‘There is a search committee to appoint the chairman and commissioners [of the ACC], but there is no policy regarding the selection of the chair and commissioners, and none but those close to the government get appointed to these posts,’ said former anti-corruption commission director general Moyeedul Islam.
‘The government appointed people close to it. Being appointed, they worked according to the will and interest of the political governments instead of exercising its role as an independent body,’ he said.
‘The independence is only on paper. The ACC never showed its independence despite having strong laws,’ Moyeedul said.
Another former commission director general, Sayed Iqbal Hossain, underscores empowering the selection committee to work independently, saying, ‘The selection committee should be given the opportunity to work impartially, free from the influence of the government or any other groups, to recommend names of commissioners for appointment.’
The appointment in deputation at the anti-corruption commission should also be limited, he further suggests.
Iqbal also suggested bringing transparency to the selection of graft complaints, ensuring proof of receipt of each complaint, and ensuring immediate entry in the Investigation and Prosecution Management System.
He also suggested that skilled human resources should be developed for conducting investigation of money laundering complaints competently.
He also observes that the special judges’ courts which are tasked with dealing with the graft cases should not deal with other cases for quick completion of the cases, reducing the backlog.
‘Above all, the ACC should be granted the status of a constitutional and legal institution to make it a truly powerful institution like India’s Central Bureau of Investigation, and the United States’ Federal Bureau of Investigation,’ Iqbal added.
Former commission director general Moyeedul Islam is also for a powerful permanent prosecution unit at the agency, saying, ‘It is essential to establish an efficient and strong permanent prosecution unit at the ACC by formulating necessary rules as per section 32(2) of the ACC Act.’
He also suggests establishing a new court or tribunal to try only the corruption cases to reduce the backlog through expedited trial proceedings.
‘A provision should also be made to prohibit appeal revision in the High Court during the interim period before the case is settled,’ he said.
‘To expedite the final disposition of all corruption cases, it is necessary to form two or three completely separate anti-corruption appellate courts or tribunals, comprising of qualified judges from the High Court.’ Moyeedul added.
Stakeholders have also referred to the ACC Act, 2004 they says that the commission shall be an independent and impartial agency and so its officers must also have the freedom to work making it an independent body.
Section 54(2) of the ACC (Employees) Service Rules, 2008 states, however, says, ‘Notwithstanding anything to the contrary in these rules, the competent authority may, without mentioning any reason, remove any employee from service by giving him 90 days’ notice or by paying him 90 days’ salary in cash.’
‘It is never possible for the officers to work independently and impartially if this sword (section 54) is hanging over their heads,’ said a current director general of the ACC.
But the commission has no power to take any legal actions against any of the officials posted there in deputation from other government offices for any wrongdoing.
The commission’s reputation is compromised as many of its officers do not have adequate experience, understanding and skills regarding conducting inquiries and investigations into graft charges.
Also the commission’s Money Laundering Unit must be strengthened to bring back assets laundered abroad, according to experts.
Seven state agencies, including the ACC, are working to prevent money laundering, but all their efforts are fraught with a severe lack of coordination.
To bring back laundered money abroad, apart from vesting adequate power in the anti-corruption commission, the commission and Bangladesh Bank must sign agreements with the anti-corruption agencies of various countries.
The commission also needs to be fully digitalised and stop working manually, while a separate intelligence cell should be established within it to strictly monitor its officers and employees, experts suggest.
Apart from rewarding its officials for outstanding performance, they should also be provided with risk allowances.
Amid demands for reforms in the anti-corruption commission following the fall of the Awami League regime amid a student-led mass uprising on August 5, the Transparency International Bangladesh also presented a number of recommendations to the interim government.
It suggested the removal of the administrative and financial powers from the commission secretary that were given to the post through an order in 2023.
The TIB also said that a permanent task force should be formed, involving the Anti-Corruption Commission, Bangladesh Financial Intelligence Unit, National Board of Revenue, Criminal Investigation Department, and the Attorney General’s Office, for effectively fighting corruption and money laundering.
It also said that the provision of obtaining government permission to arrest government employees in criminal cases (Section 41, 1) in the ‘Government Services Act, 2018’ should be revoked.