Belgrade,
14:26,
Thursday, 24 April 2008
Beta
By submitting a report on what has been done regarding recommendations received from GRECO, Serbia has fulfilled its obligation towards this organization and European Council member, yet the country cannot boast that it has dealt with all the suggestions in the required manner.
Back in June 2006, GRECO sent Serbia a list of 25 suggestions on how to create the conditions for a more efficient offensive on corruption, and the report on how these have been implemented is to be discussed this October.
At the time, the given deadline for changing regulations and creating the necessary institutions was deemed quite sufficient, yet now, considering the amount of unfinished work, it seems that it will take at least two more years to fulfill GRECO's plan in its entirety.
The Committee for monitoring the implementation of the National Anti-Corruption Strategy and GRECO's recommendations went to serious work only recently -- after a warning received that progress made in fighting corruption will dictate how fast the country will get closer to the EU and earn a place on the so-called "Schengen White List," i.e. be granted a favorable visa regime.
Hence the threats of Committee President and Justice Minister Dusan Petrovic, who claims each state institution will have to account for what it did to meet the GRECO plan, and also to report on how it further intends to prevent corruption in its area of operation.
According to the report on applying the GRECO proposal, prepared by the Justice Ministry, the country's response to 14 of the suggestions has been satisfactory, while the remaining 11 points have only partially been met.
The fact, however, that a passing grade has been granted at home, does not mean that the members of GRECO will feel the same. The non-government organization Transparency Serbia points out that ever since the recommendations came in, the key problem has been a lack of systemic monitoring of how the proposal was being implemented. Instead, certain state bodies oversaw the process to the extent allowed by their regular work programs.
The NGO also claims that the conclusions drawn in the Justice Ministry's report are merely an opinion and that the facts can be interpreted differently. As an example it gives GRECO's suggestion for improving the application of the Public Procurement Act, especially through training sessions for government clerks involved in the purchases.
"Someone might think that two training sessions attended by 140 clerks, coupled with an outline for a new Public Procurement Act are enough for a good grade, while others might disagree," says Transparency Serbia, adding that the fact is that over 80 percent of orders made do not include a public procurement report, while, disconcertingly, no one in the Public Procurement Directorate has the authority or capacity to change such a state of affairs.
"That public procurement clerks from central state bodies have been trained may please the people at GRECO, but we definitely have no reason to rejoice when we know that thousands of local level orderers don't even have public procurement clerks, and it is they who are most in need of training," the NGO claims. An added problem is that the new Public Procurement Bill -- two-thirds of which differ from the current law -- has been pending adoption for a long time now.
Other recommendations which, according to the Justice Ministry's report, have been met sufficiently well include increased transparency in the naming and promoting of judges and prosecutors, which is to enhance their independence, as well as the reconsideration of mandate length conditions for the assistant public prosecutor, "so as to allow him a realistic amount of stability."
Among proposal points deemed partially fulfilled are those relating to mandate extensions for the special prosecutor for organized crime and his assistant, and those dealing with the formation of a special division within the Public Prosecutor's Office which would deal with crimes of corruption, including economic crimes linked to corruption.
Also well-met according to the report were the suggestion that a clear cooperation mechanism be set up between the police and prosecution -- one which would strengthen the prosecutor's leading role in the pre-trial proceedings and thus allow him to receive all the necessary information as soon as possible -- and the recommendation that a comprehensive training program be introduced for police officers and prosecutors on exchanging knowledge in combating corruption and financial crime related to corruption.
A passing grade was given to the adoption of legislative and other measures for establishing an efficient system for implementing special investigation techniques and the introduction of measures which will enable the witness protection program to be applied in practice. Transparency International commended the Interior Ministry for listing in its report the concrete steps it has taken to improve work conditions and raise the number of officers using special investigations techniques in potential corruption cases. The NGO also praised the Information of Public Significance Commissioner, whose efforts have made both the public and the authorities more aware of their rights and obligations according to the Information of Public Significance Act.
On the other hand, both Transparency Serbia and Justice Minister Petrovic agree that the Ministry for Infrastructure has evaded its duties having given no reply whatsoever on its efforts to implement the GRECO plan. This ministry, says Transparency Serbia, had plenty of work to do considering that one of the 25 points recommended that "the number of approvals and permits be reduced to what is truly essential, and that their processing time be shortened."
This suggestion has been partially implemented, as has the one dealing with the implementation of the Conflict of Interest Prevention Act to include all officials and the one defining clear rules for officials deciding to turn to private businesses.
Also partially fulfilled were the request that the maximum value of gifts which officials may receive be determined, so that none could be mistaken as a bribe, and that a nationwide code of conduct for state officials be introduced.
The Justice Ministry has concluded that more attention need be invested in protecting from retaliation state officials who report corruption or suspected corruption, and that laws need to be passed for determining the responsibility and punishment of legal entities guilty of corruption. GRECO's proposal to encourage private auditors, accountants and other professional advisers in reporting suspected corruption cases to the public prosecution also needs more work, but so does the Supreme Auditing Institution.
So far, this institution has been unable to hire the necessary personnel for monitoring all financial transactions. In fact, receiving office space has alone been a difficult task and achievement.
According to the Justice Ministry, acceptably met recommendations include the broadening of legal clauses regarding the temporary blockage of suspicious transactions, the increased implementation of temporary or permanent seizures of property in corruption cases or cases where illegally acquired property has been transferred to another person, and the greater number of organizations required to report suspicious transactions.
The last recommendation would have been more successfully applied had the Bill on Preventing the Financing of Organized Crime and Money Laundering, prepared over a year ago, been passed.
The fact that the Action Plan on Implementing the National Anti-Corruption Strategy has been adopted does not necessarily mean that it is being applied in the best way possible, considering that the Anti-Corruption Agency Bill has not yet been passed, but this recommendation was also deemed successfully met, as was the introduction of the ombudsman institution at all levels of government. For now, the protector of citizens' rights exists not only on the national level, but also in the province of Vojvodina, and in ten of nearly 300 cities and municipalities in Serbia.
Justice Minister Petrovic has warned that if GRECO does not find at least 13 of its recommendations appropriately fulfilled, Serbia will have presented itself in a poor light. He, however, is hopeful that a passing grade will be issued, as well as an extension period for improvement.
It would be unwise not to take advantage of such an extension, as room for those who have flunked cannot be found even in the rearmost ranks.
Justice Minister Dusan Petrovic says that, within the two months following its establishment, the newly-elected Parliament will pass a law whereby all politicians who fail to publicly declare their total assets will face prison sentences and the possibility of being banned from holding office. (0)
The media frenzy sparked by the arrest of soccer officials and executives is dying down even though none of the cases has been prosecuted yet. (0)
In theory, non-government organizations and the media are supposed to be a major driving force in the fight against corruption by directing attention to crooked officials, among other things. In reality, however, Serbian media outlets mostly do nothing more than carry reports on corruption that has already been discovered, while doing nothing in the way of analysis and investigative journalism. (0)
