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.
