After the formation of anti-corruption commission in Bangladesh, on the first day when the new commission went to take charge, they did not get any chair-table in the office.
The day was 21 November 2004. The Anti-Corruption Bureau was officially dissolved on that day. The commission was formed.
But the new chairman and commissioners were embarrassed to take responsibility in the commission office. As there was no chair-table for them, they had to take charge without a chair-table.
The matter was widely discussed in the media at that time.
If you want, this embarrassing situation at the beginning can also be seen as symbolic. Because the journey of ACC in the last two decades has not been easy.
ACC is expected to play an independent and effective role in fighting corruption, but in reality ACC has failed to monitor and fight corruption.
There are also allegations that the ACC files corruption cases or grants impunity at the discretion of the government.
Commission from the Bureau: What has been gained?
Anti-corruption bureau used to fight corruption in Bangladesh. But that was under the Prime Minister’s office. As a result, the Bureau’s activities were largely limited to taking action against those associated with opposition parties.
In such a situation, there was intense pressure from donor countries and organizations to establish an independent anti-corruption commission in the country. Civil society is also under pressure in the same way.
At one stage in 2004, the then government took the initiative. First, the anti-corruption law was passed. A selection committee was formed to appoint the commission. Finally, the ACC was formed by appointing the Chairman and Commissioner of the Commission. The Anti-Corruption Bureau was abolished immediately.
Donor groups and civil society at the time expected it to be a neutral, independent institution. Even the then BNP government mentioned the establishment of ACC as an achievement and talked about its independence. But in reality it was no longer real either at that time or later.
“There was a kind of conflict between those who became chairman and commissioner in the ACC from the beginning. Ultimately the commission could not work properly with this conflict.”
Former Director General of ACC Moidul Islam said.
At that time the ACC could not properly appoint staff and make rules of procedure. As a result, there is a deadlock in anti-corruption activities.
Moidul Islam said, “ACC could not do any litigation or investigation since its establishment until the government of One-Eleven came in 2007.” Although there was supposed to be selection of qualified people from the former bureau officers, it did not happen. In the end they took some officers, but it was on a discretionary basis.”
“The commission’s rule-making and corruption prosecution process has been strengthened under the new chairman after the 1-Eleven government took over. When the new government came in after 2009, they continued the prosecutions. But the anti-corruption commission did not go much towards the people of the government in these steps.”
The former Director General of the ACC sees the ACC as an ‘advanced version’ of the Anti-Corruption Bureau.
Similarly, the executive director of Transparency International Bangladesh, TIB. Iftekharuzzaman also says that the ACC could not show its independent power from the beginning.
ACC is active according to the extent of corruption?
Bangladesh has long been one of the top countries in corruption. The country ranks 10th in Transparency International’s latest Global Corruption Perceptions Index.
In addition, TIB’s survey of the service sector in the country also shows that more than 70 percent of the service-recipients have been victims of corruption.
From law enforcement, passports, BRTA to judicial services and even the health sector, corruption has been rampant.
Overall, the financial amount of corruption during the survey year is more than ten thousand crore rupees.
But in reality, the extent of corruption is believed to be more.
ACC is supposed to take action against such corruption. ACC can take action on complaint or on its own initiative. Any corruption can be investigated, investigated, prosecuted and even arrested.
But it can be seen that the corruptions of influential people including the former chief of police, which are now being revealed, ACC could not catch them in advance. ACC is taking action only after receiving complaints in the media.
TIB Executive Director Dr. Iftekharuzzaman said, ACC is unable to take action against those who are close to power.
“The ACC has so far managed or is able to do well in the case of Chonopunty. But if those who we call Rui-Katla are opponents of the government or if they are displeased with the government for some reason, then the ACC takes immediate action. And for those who are considered to be close to power, there are rare instances where the ACC has been able to play an effective role.”
Legal weakness or lack of courage?
But how is the status of an institution with legal independent power? Does the organization have any legal weaknesses?
When asked, the former director general of the ACC, however, denies the reason for legal weakness.
“I have always said that the power provided by the ACC Act is as powerful as an atomic bomb. Because there is no opportunity to discount anyone. On the one hand, the judiciary said, on the other hand, the police-army said, ACC is not allowed to go anywhere. rather free power. ACC can go wherever there is corruption.”
So what is lacking here? In response to such a question, TIIB’s Executive Director says, ACC has not got such a brave leadership.
He said, “There remains direct and indirect control of the government from top level recruitment to posting and management of the institution. For example, in the appointment of commissioners, political considerations have been at work since birth. That initial trend has persisted.”
“And the biggest thing is that the ACC has never had the kind of leadership it needs here. Since their appointment is based on political considerations, the identity of the accused appears to be influenced by the identity of the accused, in addition to political loyalty, in determining what action can and cannot be taken.”
Besides, those who lead the ACC, although appointed for political reasons, do not dare to exercise independent powers.
“This courage cannot be seen. Because we also have examples here that if courage is shown by going outside the environment or outside the situation, it may have to pay a price.” Said the former Director General of ACC Moidul Islam.
Apart from the appointment of chairman and commissioner for political considerations in the commission, analysts have objections to another issue. That is, appointment of government officials on deputation to the top positions in ACC.
It is said that the loyalty of these officials sent from various departments of the government is ultimately with the government. Because after three years they have to go back to the designated office of the government.
All in all, the management of the ACC is somehow controlled by bureaucrats. Added to this, the executive authority was handed over to the secretary through the administrative order of the commission last year.
This was done by the ACC itself.
“Which officer will be responsible for the investigation, who will be transferred, promoted – such matters which were previously determined by the commission itself have been handed over to the ACC secretary,” said Dr. Iftekharuzzaman.
ACC has no comment
What is the overall weakness of the ACC and what exactly is the institution doing to overcome these shortcomings in taking action against corruption?
Why is the ACC unable to take measures to prevent widespread corruption? However, the ACC chairman refused to comment on these matters.
On the other hand, one of the commissioners of the institution gave the BBC an interview but later canceled it.
However, ACC lawyer Khurshid Alam Khan told BBC Bangla that there is no pressure from anyone to file a case against corruption or seek legal remedies.
Mr. Khan said, “ACC is definitely independent. If the ACC was not independent, then they could not have given me such a case. The case of Mofazzal Hossain Chowdhury Maya of the government party, Haji Md. Selim’s case – these have happened and are going on. After the anti-casino crackdown, the ACC has filed many cases, many of which are now at the settlement stage. They were government bureaucrats or other important positions. Their hands are very long, they could spread influence if they wanted. But what happened to that?”
He also rejected the allegation that cases are being filed against people who are against the government or people who are not in the ‘eyes’ of the government.
“Look, analyze the data of the last one year, no such corruption case has been filed against any opposition leader. Those who have been against, who are they? They are all public servants. Investigation is also going on against the former IGP here.”
ACC lawyers and even the ACC itself have been saying at various times that they are taking action against corruption by influential people without any pressure.
But the fact is, ACC could not prevent these corruptions in advance.
On the contrary, the agency has given a kind of ‘clean certificate’ that there is no evidence of corruption in the investigation, even though several complaints have been submitted to the ACC against the influential revenue officer Matiur. There are also allegations that some officials of the ACC are involved in corruption while trying to catch the corruption of others.
Moreover, there is no precedent that ACC can take action against corruption against the will of the government. All in all, the question remains as to how independent the ACC is exercising its powers.