Speed ​​in resolving the corruption files in the Integrity Commission

Ahmed Mohammed al-Abadi Friday, 16 October 2015



The work of the main Integrity is to move the criminal case (the files of corruption) and the mechanism of resolving and speed its completion fairer to the accused of corruption and is innocent and punish corrupt impose sanctions against them by bringing them according to the law to the competent courts to deter those who think of stealing or waste of public money and encouraging news about the crimes of corruption.


Investigative powers in corruption cases

Derived body investigative powers of the Integrity Commission Act

No. (30) for the year 2011

Article - 11 - of the Integrity Commission Act provides for the following: -

First: - The Commission investigated the validity of any (a corruption case) by one of its investigators under the supervision of the competent investigating judge.

The authority supervising the investigations into the Integrity Commission is the First Deputy Chairman of the Board: -

Article (8): - the head of the deputies rank of Undersecretary of the Ministry designated in the same way as appointed by the President of the Commission and with the same conditions, that holds the first vice college degree previews of law, and to be the second deputy of the university degree initial campaign in educational terms of reference or the media.

Article (9)

First: - First Deputy investigations linked to circle and circle and circle prevention legal, financial and administrative department.

Second: - MP linked to the second circle of education, public relations and relations department

(1-10)

The stages of the criminal case in the Integrity Commission

First - Alakhbarat contained the body of corruption

Secondly, the investigation stage

Third - stage trial

First - Alakhbarat contained the body of corruption

Alakhbarat respond to the Integrity Commission and the President of the Commission the authority conducting the investigation or save the file, and these incoming validity.

Article (13): - First: - the Commission's decision of keeping its head Alakhbarat, without submission to the competent investigating judge, if he found it did not include a crime, or if it has been proven to inquiries and preliminary investigations lack of health news or lie.

The truth is more Alakhbarat take a long time to be resolved so we suggest in this regard that the initiative of integrity to form a body (committee investigate and follow-up) of the Integrity Commission staff and the offices of inspectors general in the ministries and Alheiiah is related to the Ministry the task of following up those Alakhbarat, validating the strictest confidence and a maximum speed and to provide the Office of the President Authority or authorized such information by e-mail (e.mail) to the decision is made in accordance with Article 13 of the law

The speed in this procedure avoids the loss of the crime because any crime leave a long period of evidence and Detective fade becomes unable to find evidence and thus escape the punishment of the offender becomes the work of the Integrity Commission, rather than the fight against corruption to be encouraged

(2-10)

Secondly, the investigation stage

After the decision by the head of the Integrity Commission to move the criminal case or through the assignment of a particular case of public prosecution brought before the investigating judge under the detailed reading and for the judge to take any decision it deems appropriate in accordance with the law and at this stage we see there are lawsuits delayed resolved for a very long period extending to the year due to bureaucracy followed by the Integrity Commission and this caused damage to public money through delays punish thieves of public money, on the one hand and on the other hand, accused of corruption and is acquitted remains suspended Lahu doomed nor is Released note that defendants are generally booked their movable and immovable property and prevents travel and this is causing disabling damage their interests, despite their innocence of the charge assigned to them in order to avoid all of that to say that the parties to the proceedings in the investigation stage are: -

1 - judge court of inquiry Integrity

2 - the investigation of the Integrity Commission

3 - the ministry or organization is not related to the Ministry of affected

4 - Office of Financial Supervision (sometimes)


(3-10)

1 - judge court of inquiry Integrity

Provides file corruption to the competent investigating judge Mr. Integrity issues detailed facility should study summarizes the news and what the charge and the judge decides decision he deems appropriate in accordance with the law.

The problem is that the investigating judge to Aigrr decision to settle the suit unless the implementation of all decisions that lead ultimately when implemented to give him a complete idea of ​​the lawsuit and speed the resolution of the case depends mainly on the implementation of those decisions therefore see some of the cases delayed for years and be the judge decisions are (carried out the previous decision ), for example, to tie knots merits of the case or administrative investigation or link to link BSA report or bring the accused or witnesses statements notation ... etc. of the decisions taken by the investigating judge and is enforceable by the relevant authorities of the investigator during an investigation on this issue.

Consequently, we find the resolution of the case to the investigating judge basically depends on how serious the investigator to the implementation of the competent judge and the prosecutor in the competent court of inquiry integrity issues as possible to play an important role to follow up papers investigative achievement by urging the Integrity Commission on the implementation of the investigative judge decisions and to intervene with the authorities concerned to facilitate decisions the task of the investigator.

As well as the investigating judge to hold accountable investigator who lagging implementation of its decisions and sets a time limit on its implementation.


(4-10)

2 - the investigation of the Integrity Commission

The resolution of the criminal case depends mainly on the Integrity Commission So we see in this regard to be a similar stage of the news through the formation of (committee investigate and follow-up) of the Integrity Commission staff and the offices of inspectors general in the ministries and Alheiiah is related to the Ministry the task of following up the implementation of the investigative judge decisions through communication between that committee and investigators in the Integrity Commission where to send books to the committee via e-mail (e.mail) and is doing its part to implement it immediately in the ministry or the party concerned and often (Report accused or witnesses to attend Aothblag legal representative or send an administrative inquiry .. . etc.) and be the immediate answer to paralyze via e-mail and if Matabq this matter, we will have Achtsrna time and avoided the delay in resolving the current practice of corruption files on a classic way (our book and your book).

3. ministry or organization is not related to the Ministry of affected

Often Maicon deal between the Integrity Commission and government agencies on the way in the Classic (our book and your book) and this caused delay in resolving the claims section of which arrived in years due to follow this method communicating and the absence of interest and follow-up of those services and the absence of the role of inspectors general and the complicity of some of them to disable the resolution of these cases through not to respond to such official books so the presence (of the Commission investigation and follow-up) referred to above will resolve the matter and radically corruption cases and complete the required speed

(5- 10)

4 - Office of Financial Supervision (sometimes)

Sometimes move the criminal case based on the financial control report, which indicates financial contravention or legal in the conclusion of a specific contract in the Iraqi state institutions, which calls for the Integrity Commission move and the investigation into that file, which requires communication between the Integrity Commission and the Office of Financial Supervision in order to complete the investigation and sometimes the investigating judge decides to approach the Court financial control to indicate its opinion on a particular command believes that the Financial Supervisory opinion is important and crucial to the case requires the placement of staff of the Office of Financial Supervision are in the Integrity Commission be their mission instant answer all Mazkrna through their communication with their reference (BSA) via e-mail (e. mail)

Third - stage trial

Antha investigation after the investigative judge decides the case either watershed decision to release the accused for lack of evidence of the assignment or refer the case to the criminal court or a misdemeanor court to provide evidence of the assignment and the assignment be here either Makafla or suspended or in absentia

1 - that the accused be suspended

Mostly they have accused the suspended lawyer shall assist the Court in the delivery of notifications to the relevant bodies (by bringing home the legal representative or answer a particular book .... etc) where the lawyer is designed to speed the resolution of a lawsuit being entrusted suspended

2 - that the accused be Makafla

In this case if the accused is confident of his innocence found Iwaill to attend court hearings in search of a decision to release. If he is guilty of the act we see intriguing and procrastinating to attend court hearings and ask the lawyer to use legal ways to delay the resolution of the case, for example (Eetmard and brings a medical report from the hospital In order to postpone consideration of the case or the Highlight lawsuit without legal justification target delay only)

(6-10)

3. refer the accused in absentia

Governance procedures set by absentee Code of Criminal Procedure in articles 143, 148, 149 and so to set a date for pleading publishes local newspapers reported Bsahaftin taking into account the legal period to the date of the hearing and after the issuance of the verdict also publishes Bsahaftin local newspapers.

Problems faced by the accused after the resolution of the lawsuit is the difficulty Cancel warrant for arrest and travel ban and the reason is is prevented travel and stone movable and immovable property of the accused by the Integrity Commission and the suit bearing a special number to integrity and investigative judge will issue a decision in the same

Case (travel ban and stone movable and immovable property of the accused) and another number and then refer the case to the criminal proceedings would take a special number for crimes unrelated to the previous figures and are approaching the relevant authorities of the new number

When asked to resolve the lawsuit accused of felonies supplied with an official letter includes the cancellation of the decision to ban travel and reservation movable and immovable

And here begins the suffering !!! No. Because the lawsuit is in its figures in the criminal investigation and begin our career and your book between the Court and passports, and financial and months of revisions and continue to settle the matter as possible when an official letter one.

(7-10)

Inspectors general and the Integrity Commission

Inspectors general offices established under Order No. 57 issued by the 02/10/2004 Coalition Provisional Authority Nord following: -

Before approximately more than 10 years to set up these offices and is working in the ministries and bodies is related to the Ministry to see that corruption increased in all state institutions despite the financial and administrative powers and vast budget huge for these offices and it's 57 made of the Inspector General person is safeguarded by irresponsible (ask and not ask ), which led to the presence of the inspectors made a stumbling block in the way of speed Angasalktar of the projects are required to investors proportions of contracts (on the principle of security of punishment offended literature)

Through our fieldwork in Integrity courts found that this office network hunt small fish and leave the big 'we see most of their activities centered around their adjusts Mrchi employee the amount of 25,000 dinars, despite the fact that this act constitutes a crime but on the other hand supposed to adjust those involved embezzling large sums of money that affect the treasury State, especially in the field of implementation of contracts and Allku Alsergvlaat which takes general managers of some departments in some of the ministries and by the way I heard this remark of some judges to achieve fairness !!!

The important question Is re offices of inspectors general of the state amounts equal to or more than the amounts spent on these offices of salaries and equipment and other I seriously doubt it ??


Reasons

1 - The lack of a previous administrative experience appointment of inspectors general of the young people do not have experience in the administration and did not work in circles countries held accountable, how the employee on mismanagement which not understand anything about the art of administration (loss thing to Aaattiyh)

2 - Many of the inspectors general belong to political parties who raided modern university degrees !!!

(8-10)

3. It gave 57 validity wide and almost absolute of the Inspector General (safeguarded by non-official)

4 - Many of the inspectors general are not refer to the criminal record was not inquire about their resumes before their appointment

5 - a lot of offices of inspectors general deals with ministries in a way which is fair, which encourages corruption, especially in the field of contracts

Proposals

First - legislation includes a law Cancel Order No. Order No. 57 on 02.10.2004 issued by the Coalition Provisional Authority Order No. 19 of 2005 issued by the Presidency of the Council of Ministers and the abolition of offices of inspectors general in each Iraqi state institutions

Secondly - the dismissal of all inspectors general and attached to their offices full body integrity of its employees and continue their work in the ministries and offices belonging to the Integrity Commission and the managers of the offices are set degree, head or assistant general manager by the importance of the ministry or organization is not related to the Ministry


(9-10)

The objective of the proposed

1 - ease the financial burden on the state and achieve the goal of the government (the government Baltrchiq)

2 - will be independent oversight office status in its work in the ministries for not linked in the ministry or Alheiiah

3 - offices will work under the supervision of the Presidency of the Integrity Commission and will end the absolute authority of the Inspector General

4 - tighten control over the work of the ministries and reduce the financial and administrative irregularities

5 - support the Integrity Commission a large number of employees and improve their performance and that this measure will save the state up to 36 to 40 degrees and Deputy Minister with financial allocations for such a position and this move enhances the work of the Integrity Commission and does the work (committees investigation and follow-up) which we have in Alakhbarat and investigation stage and be the work of these committees more effective because of the cadres and the money to be provided by the decision to cancel offices of inspectors general, and this decision will have an impact on the clear support of the integrity and promote its work in the fight against corruption and curtail the Iraqi state institutions.



http://translate.googleusercontent.c...4B5KnG7yvQwSvA