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Commission to Investigate Allegations of Bribery or Corruption: Working to eradicate bribery and corruption   

17 Apr 2021

For almost 27 years now, the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) has been fighting to keep Sri Lanka in a free and fair state.   On 4 April, CIABOC Chairperson Justice Eva Wanasundara took part in the cyber conference hosted by the Media Centre for National Development. During this Zoom session, she spoke on the role of the Commission in society and what the public and Government can do to help eradicate bribery and corruption from Sri Lanka.    What is the history of the Bribery Commission in Sri Lanka and its functions?  Until recently, Sri Lanka was still using bribery laws that were introduced in 1883, and due to them not being sufficient, the Bribery Act was introduced in 1954. The Act was an amalgamation of new laws and already existing ones.   However, we soon realised there needs to be an organisation to combat bribery in the country, and in 1958, the Bribery Commission was established.  All bribery and corruption-related cases were handled via the Bribery Commission until 1994 when it was officially made into the Commission to Investigate Allegations of Bribery or Corruption.   This new commission is an independent organisation under Act No. 19 of the Constitution, and consists of three commissioners. Two of these commissioners are retired judges from both the Supreme Court and the Court of Appeal, respectfully, while the third commissioner is an expert in law and order. Each group of commissioners serve for a period of five years.  The Commission also consists of a director general and several departments which include law, investigations, secretariat, administration, and finance.   The scope of the Commission comes through Act No. 11, which is the Bribery Act and from Act No. 1 of 1954, which is the declaration of assets and liabilities. The Commission has the power to investigate complaints and prosecute those guilty.    What are its main functions?  The Commission acts on bribery/corruption allegations and misappropriation of assets. Once it receives complaints, it conducts an impartial and fair investigation into them. Once it is confirmed that a complainant has sufficient evidence to prosecute, the Commission files a case in the appropriate courts.   The complaints from schoolchildren, government officials, and the general public are accepted by the Commission.   The Commission also acts as the local body for the United Nations Convention Against Corruption (UNCAC).       What are the powers of the Commission?  Corruption is related to the accumulation of assets. The Commission has the power to investigate complaints and file cases in this regard. In connection to these investigations, the Commission also has the power to record witness statements, summon witnesses, import the required documents from private institutions, check bank accounts, issue summons, and enter and inspect premises.     Can complaints be made anonymously?  Yes, complaints can be made anonymously but the person who makes the complaint needs to include proof. There is a nominal amount of information needed by the Commission for a complaint to be accepted.     What steps does the Commission take to protect the person making a complaint?  We keep them anonymous, and if someone were to come after that person, we will use our services to protect them and do regular follow ups with them to ensure their safety. We will also take action against anyone threatening the complainant.     Is it the public's liability to help combat bribery and eliminate corruption?  All citizens must move forward with a common sense of duty in order to eradicate bribery and corruption in the country; this is also needed to protect Sri Lanka's resources and public property. It is a responsibility vested in us by our Constitution itself.  The public needs to be vigilant when it comes to all matters of the country, and report any kind of corruption to the Commission. People should also avoid offering or taking bribes themselves.     Which aspects of bribery are considered criminal?  All aspects of it are criminal; from the soliciting and receiving to the offering of it. Doing it, as well as aiding and abetting it, are both punishable offences. Bribery can result in a custodial sentence of up to seven years and a fine amounting to Rs. 5,000. The accused is also liable to pay up to three times whatever money or goods they expected as a bribe. Furthermore, any money or goods they have acquired through illicit means will be confiscated by the State.    Complaints can be made for the bribery of public officials and public representatives on acquisitions, corruption activities, and misappropriation of assets.  Furthermore, if any complaint which is filed is found to be untrue during the course of the investigation, there could be legal action against the person who made the complaint, under the Bribery Act itself.     Nowadays, it is very common to see certain bribery/corruption cases being withdrawn from court. What is the reason behind the withdrawal? What steps are taken following a withdrawal?  To answer this question, it is vital we draw attention to the law established by the Bribery and Corruption Commission. Under the Bribery Act, the Supreme Court recently declared that when filing a case against a certain individual, all three commissioners have to be in consensus.   However, in the past, there has been opposition to this rule, where all three commissioners have not been in consensus regarding certain cases that were filed, and therefore, this was treated as a technical error. These cases would then be withdrawn and the technical error would be rectified, and after the three commissioners reach a consensus about the terms of the case, the case can be refiled at the court.    What examples can be drawn from countries that have low bribery and corruption levels?  No country is free of corruption and bribery; it is present in developed countries as well as developing countries. However, countries like Japan and Malaysia are currently working on eradicating corruption and have taken a number of positive steps.   The countries heavily investigate and prosecute bribery and corruption, and focus on prevention of the two; the same way they would any crime.   If we are to combat these in Sri Lanka, we need to use preventative measures, covering three segments in particular. The first such segment is the future generations of the country, who are to be educated about bribery and corruption. The second segment is the public sector workers who also need to be educated on the same subjects. The final segment is the general public, and a focus on their education. We have begun catering to most of these segments across the country.   We initially did not have a national plan to combat bribery and corruption. Therefore, we made a plan using ideas from all parties involved, and the Cabinet approved the national plan on 5 February 2019.    This included four key elements. These were educating the public about bribery and corruption, changing their attitudes, making investigations and existing laws stronger, and bringing in newer acts to combat the latest issues.   The plan which was enacted in 2019 is still ongoing and will go on till 2023, and needs to be introduced to public offices. However, we think that it would be appropriate to keep the timeline to 2020-2024.    What steps should government institutions take to avoid bribery and corruption?  The first is to have genuine people working in these institutions, and to do that, we need to have a strong system in place.   These people need to be educated about the repercussions of bribery and corruption and we need a strong system in place within government institutions. We need to have specialised officers in charge of both the government workers and public, respectively, to oversee their activities. Moreover, there needs to be a government entity overlooking these institutions; one capable of coming up with customary prevention methods depending on the institutions.  An institution’s public notice board could also have educational material on the subject, so as to educate the public coming into the institutions.   What actions can be taken if someone does not obey the decision of the Commission? If someone disobeys the Commission’s decision, it is equal to them going against the Supreme Court, and the Commission has the power to take equal action against them.   Can the Commission alone get rid of corruption and bribery? We cannot do it alone. Everyone in the country has to give their support and participate to get rid of bribery and corruption. From the high courts to the public and private sectors, media, religious groups, civil, youth, and children, all people must help us the best they can to combat bribery and corruption.   Who are the Commission’s clients? Anyone can make a complaint against government or public servants taking bribes, engaged in acts of corruption, or receiving an illicit income.   What steps does the Commission take to protect the person making a complaint? We keep them anonymous, and if someone were to come after that person, we will use our services to protect them and do regular follow-ups with them to ensure their safety. We will also take action against anyone threatening the person making the complaint.   (This article is done in collaboration with the Media Centre for National Development)   

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