EFFECTIVE INVESTIGATIVE MEASURES FOR CORRUPTION CASES

Country: Timor-Leste

EFFECTIVE INVESTIGATIVE MEASURES FOR CORRUPTION CASES

1.    Current situation of investigating corruption cases:

·         What a corruption cases are frequently investigated and prosecuted in your respective countries?

At the beginning of establish the Anti - Corruption Commission of Timor-Leste in 2010 till to the present, which is often the case in the investigation of corruption is the abuse of power, embezzlement, financial participation in public affairs, public misuse of the material resources and facilities , bribery, conflict of interest and money laundering.

·         What obstacles to the detention, investigation and prosecution of corruption (e.g., unlawful pressure from powerful parties, such us high-ranging officers and politicians) do you face?

lack of human resources to be a major problem for Anti – Corruption commission, lack of political will, the absence of a specific law to the crime of corruption, salaries are very low and are inconsistent with the culture of corruption.

2.    Effective methods of investigation of corruption cases:

·         Effective structure/team of Investigation;

Preparation is very important for the investigation, need teamwork in the investigation of a case, should have a comfortable place for the investigation, and secrecy in the investigation.

·         Use of available information (e.g., media report, NGO report, financial statements and securities report of listed companies, websites ;)

Basically, each agency must have a data base of cases and registration number of cases, in addition, the complaint system must also meet the standards, cooperation with NGOs is also one of the best ways to share information about corruption cases. Commission must be supervise by NGO.

·         Search and seizure and other traditional measures;

For the case of seizure and freezing of bank accounts and others, at this time the Anti - corruption Commission of Timor-Leste is not maximized in the case, but in certain cases, the commission can be put through a foreclosure without a warrant from the prosecutor or the court, but only to the process of investigation.

·         Special investigation techniques (e.g., wiretapping, other electronic surveillance, undercover operations); and

Undercover, wiretapping, electronic surveillance is an important part of the investigation of cases of corruption, then from that point, to ease the process of investigating the need for assistance from it. Forensic equipment is also very important for the process of investigating corruption, investigation authorities should have well equipped forensic laboratory with well-equipped digital technology.

·         Interagency coordination, information sharing, and appropriate/necessary collaboration in investigating corruption cases (i.e., between police, prosecutor and anti-Corruption agency)

Basically, the Anti-Corruption Commission should have an MOU with the police and prosecutors to share information and to cooperate together.

Need to have a meeting every three months which in discussing the relation of cooperation institutions, 

ways and effectiveness of the investigation process, to discuss links between the institutions work. 

Anti-Corruption Agency also has MOU with Auditor General, 

cooperate and have forum with civil society and with central bank.

3.    Measures to encourage persons or bodies that have useful information on corruption etc. to supply the information to, and cooperate with, investigative and prosecutorial authorities:

·         Reporter-friendly mechanisms to encourage reporting by citizens, raising public awareness of such measures;

In our law of establish Anti-Corruption Commission mentioned about obligation of people to report a corruption cases to Commission and fight against corruption.

·         Reporting obligation or mechanisms of related investigative agencies and public officials;

Confidentiality and follow-up of complaints is a very important thing and maintain the confidentiality of such complaint. Timor-Leste Anti-Corruption Commission have own complaint system namely SIAK, this system is to respond and to detect case, it’s very helpful and also very useful.

·         Witness and/or whistle-blower protection; and

There needs to be an independent commission to protect witnesses, need a special law to protect witnesses

·         Mitigation and punishment/grant of immunity from prosecution to a cooperative witness or defendant.

Independent commission is most important to handle corruption case, have own forensic lab.  Need special law about corruption, the right man on the right place, and inproving technique of investigation.