GROUP 2
EFFECTIVE INVESTIGATIVE MEASURES FOR CORRUPTION CASES
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
M embers

AdvisorM r. Johnny SAVERIO Ayik
M r. NIYOZBADALOV Firdavs
M r. Kiki Ahmad YANI
M s. KHEANG Ratana
M r. Sayed Iqbal HOSSAIN
M r. KULANBEK UULU Aibek
M r. Ramesh Kanta ADHIKARI
M r. Feliciano XIM ENES
M s. NGUYEN Thanh Huyen
M s. NGUYEN Thi Thanh Tu
M r. Yasutaka IMUTA
Prof. Kazuhiko MORIYA(Republic of South Sudan)(Tajikistan)(Indonesia)(Cambodia)(Bangladesh1)(Kyrgyz Republic)(Nepal)(Timor-Leste)(Viet Nam)
(Viet Nam)
(Japan)(UNAFEI)

I. INTRODUCTION
Group Two started its deliberations on 28 October 2014 at 09:40 am.The group elected Mr.Johnny
SAVERIO Ayik and M r.NIYOZBADALOV Firdavs,as its Chair and Co-Chair respectively.M r.Kiki
Ahmad YANI was selected as Rapporteur and M s. KHEANG Ratana as Co-Rapporteur. The group,
which was assigned to discuss “Effective Investigative Measures for Corruption Cases”, agreed to
conduct its discussion in accordance with the following agenda:1) Current situation of investigating
corruption cases,2)Effective methods of investigation of corruption cases,and 3)Measures to encourage persons or bodies that have useful information on corruption to cooperate with the related
authorities.
The group also agreed to conduct all discussions on the agenda first by each group member
explaining the situation in their respective countries, sharing international trends and best practices,
analysing the current situation and identifying issues, discussing countermeasures and thereafter thegroup as a whole came up with proposals and recommendations of best practices that have been
identified through the group work sessions, UNAFEI lectures, study tours and lectures from Visiting
Experts among others.

II. SUMMARY OF DISCUSSION
Corruption is a cancer which every nation and leader must strive to cure.It is a complex phenomenon.Corruption could lead to destruction of governments and nations.Its roots lie deep in bureaucratic
and political institutions,and its effect on development varies with country conditions.Responsiveness,accountability and transparency are a must for a clean system. Bureaucracy, the backbone of good
governance, should be made more citizen friendly, accountable, ethical and transparent.
To improve the current situation of investigating and prosecuting corruption cases, we have toundertake effective measures: Firstly, we should empower the Anti-Corruption Agencies and theirinvestigators by enacting effective laws and organizing regular trainings and courses.Furthermore,itis advisable to attach special importance to teamwork with the support and the contribution of all
members of the investigation team. Secondly, it requires having a database of information and legalized investigation techniques. Thirdly, there is the need to have well-equipped forensic laboratories.
Fourthly, there is the need to have effective laws for protection of witness, whistle-blowers and theirfamilies from defendants and violators, and punishment of those who do not report corruption casesand do not cooperate with the process of investigation and prosecution. Fifthly,special importance has
to be given to regional and international networking to obtain more knowledge,exchange experiences
1Mr. Sayed Iqbal HOSSAIN had to leave training on 3 November 2014 due to unavoidable circumstances.

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and cooperate among each other in issues of investigation, prosecution and asset recovery.No single
country that can fight corruption alone, and fighting corruption requires the cooperation of all thecountries. Last but not least,the Anti-Corruption Agencies should be more independent in doing theirwork and without any influence and interference from any institutions and/or offices as stated in the
Jakarta Statement.
A. Current Situation of Investigation of Corruption Cases in Each Country
Corruption can occur on different scales.Petty corruption occurs where corruption occurs as small
favours between a small number of people within established social frameworks and governing norms.
Grand corruption, which affects the government on a large scale, occurs at the highest levels ofgovernment in a way that requires significant subversion of the political,legal and economic systems.
Systemic corruption,which is primarily due to the weaknesses of an organization or process that is soprevalent and it is part of the everyday structure of society, including corruption as one of thesymptoms of organized crime.It can be contrasted with individual officials or agents who act corruptly
within the system.
Corruption cases are in most of the countries a conduct comprising offences related to public
officials.In many countries,except two countries in which they have separate laws for corruption and/or financial offences, corruption offences are mentioned in the penal code, and include conduct
comprising a conspiracy or attempt to commit or engage in an activity that would constitute corrupt
conduct under those laws.These are the offences relating to public servants and/or are committed bypublic servants,whereby corrupt practices include soliciting,accepting,obtaining,giving,promising oroffering of gratification by way of a bribe or other personal temptation or inducement,or the misuseof a public institution/authority or office to achieve private advantage or benefit to the person orothers.
1. Frequent Corruption Cases
After sharing among the members of the group, most countries face similar issues of corruption.
Therefore, the cases frequently investigated and prosecuted are:
― Bribery (active and passive): the offering, promising, giving, accepting or soliciting of anadvantage as an inducement for an action which is illegal, unethical or a breach of trust. The
private sector bribe to a public official in order to get the project in various fields. There arebribery cases by high-ranking government officials at different levels of government.
― Embezzlement:when a person holding office in an institution,organization or company dishonestly and illegally appropriates, uses or traffics the funds and goods they have been entrustedwith for personal enrichment or other activities;e.g.,the higher ranking officers in the ministries
take some percentage of the salary of the lower ranking officers.
― Abuse of power: an act committed by public servants or citizens vested with public officethrough election or otherwise,in the exercise of his/her duty or in the course of exercising his/her duty such as taking action to hinder law enforcement in order to take any illegal advantage.
The public officers have authority, but they take advantage of it for themselves or theirrelatives.
― M oney laundering:the process of concealing the origin, ownership or destination of illegal or
dishonestly obtained money by hiding it within legitimate economic activities,making the dirty
money clean,e.g.,the criminal creates shell companies in order to keep their dirty money out of
their hands. However, Indonesia, Japan and Viet Nam do not consider the money laundering
offence as a corruption offence.
― Conflict of interest:a situation where an individual or the entity for which they work,whether
in the public or private sector, is confronted with choosing between the duties and demands oftheir position and their own private interest;e.g.,some procurement officers are prohibited to be
involved in auctions, but they ask a third party to take action instead of them, but for theirinterest.

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RESOURCE MATERIAL SERIES No. 95― Fraud:to cheat.The act of intentionally deceiving someone in order to gain an unfair or illegal
advantage (financial, political or otherwise). It is an act of deceiving somebody so as to getmoney or goods illegally.
2. Obstacles to the Detection, Investigation and Prosecution of Corruption
All countries have to deal with a number of obstacles that interfere with the detection,investigationor prosecution of corruption cases. The obstacles undoubtedly are many from human and financial
resources to effective tools and enacted laws. However, the political will in many countries is one of
the main obstacles, especially pressure from powerful elements of the society and high-ranking
officials. In spite of that, the members of the group note that their countries are going through theformation of democratic institutions,and at this stage there can be some difficulty fighting corruption.
However,they are confident that the fight against corruption is in full swing in their countries and will
hopefully succeed.
Corruption cases are difficult to prove before courts of law because corruption usually is aninvisible action. Due to this reason, there are a lot of obstacles in combating corruption. In somecountries, it is getting more difficult to get confessions from suspects for various reasons such as thechange of their character, use of the right to remain silent and the introduction of video recording ofinterrogation. The measures of collecting material evidence are not enough.Therefore,the investigation agency may not be able to detect corruption cases appropriately.
Although the Anti-Corruption Agencies use their best efforts to investigate and prosecute corruption cases in all the countries in order to combat corruption,they still face manyobstacles,summarized
as follows:― Political will:The leaders of most countries do not have real political will to combat corruption.
The politicians (the ruling party and leaders of other political parties)and high-ranking public
officials are not doing their best, and above all are not so committed in the fight against
corruption.
― Database Information:M ost of the countries do not have publicly available database information to search for more information.It is hard to collect information,and sometimes informants
try to delay providing information because they are not open-minded and do not cooperate with
the investigators.
― Tradition and Attitudes:The tradition or custom of each group in many countries protects thebenefit of their groups,making it difficult to cooperate in the investigation processes.Nepotism
is one of the main obstacles. In addition,the low level of education of many citizens makes themnot see the importance of their duty in the fight against corruption.M oreover,they still do notunderstand how bad the impact of corruption is on their lives and national development.
― Human and Financial Resources:The Anti-Corruption Agencies do not have enough qualified
investigators or specialized investigators.There is lack of logistic support from government.In
some countries, investigators have to use their money for investigation.
― Forensic Laboratories:The tools of investigation are not high tech (especially many countries
do not have technical forensic investigation and document examination);lack of modern investigative techniques and machines is what most countries face.
― Security:Job security,well paid salary packages and personal security of the investigators are
not guaranteed in many cases, especially when dealing with serious cases, which involve
high-ranking officers.
― Evidence:It is not easy to produce evidence accepted by the courts;most of the evidence is very
hard to find and to be accepted by law, e.g., evidence obtained during undercover operations
among others.

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17TH UNAFEI UNCAC TRAINING PROGRAM MEREPORTS OF THE PROGRAM ME― Delay in time: In some cases investigation is done long after the act was committed andinvestigation may take a longer time because of difficulties in getting evidence,which makes thecase out of date.Also during the trial stage,long prosecution periods prolong the trial process.
― Protection of Witnesses:There are not enough facilities to provide protection to the witness,and there are no effective laws or mechanisms to protect witnesses and whistle-blowers.
― Weak legislation:The Anti-Corruption Agencies are limited in most cases when it comes to theprocess of investigation and prosecution and the tools needed to accomplish their mandate tofight corruption.Some countries do not have power to investigate and/or prosecute.They haveto depend on police offices and prosecution offices.There are no proper laws and if they exist,
there is no proper implementation of the existing laws.
B. Effective Methods of Investigation of Corruption Cases
One of the main tools for effective investigation is the principal officers who are the investigatorsand prosecutors.They assist in carrying out the task of investigation and support for the investigation
team. The investigator must have a special ability and must be supported on a regular basis especiallythrough tiered education/training programmes. M aximizing information from various sources is the
key to the success of an investigation, and analysing the precision and accuracy of this information.
Each participating country has a different legal basis concerning the authority for issuing thewarrants for search and seizure. There are countries that need a court warrant to do so,while othercountriesʼlaws have authorized the investigating authorities to issue the warrant for search and seizure
themselves and conduct search and seizure with a warrant from the investigator, prosecutor and thehead of the ACA;however,all the participating countries agreed that action to carry out a search andseizure and the authority concerned to issue the warrant must be authorized by the laws of theconcerned country.There is a need for special investigation techniques in corruption cases,and almost
all of the ACAs in the participating countries have the authority to conduct wiretaps and surveillance,
and there are even countries that allow undercover operations like in Tajikistan. And no less importantly,ACAs are expected to have a forensic laboratory,e.g.Komisi Pemberantasan Korupsi (KPK)in
Indonesia, which already has its own forensic laboratory unit. While handling corruption cases, it isalso important to cooperate and collaborate with other agencies, such as other law enforcement
institutions, financial institutions, FIUs, etc.
1. Effective Structure/Team of Investigators
Good investigation must begin with a good work plan and must be structured so that the investigator knows what they will do during the process of investigation.Work plans should be shared among
the members of investigation team,so that all team members know and understand the strategies andmeasures that will be carried out during the investigations.In addition to the work plan,the investigation team should also have people who have the knowledge and abilities of handling cases to achieve
the target of the investigation successfully. Further, it is important to upgrade the capability ofinvestigators through programmes to enhance their knowledge of relevant legal provisions and thelatest corruption investigation techniques, since the corruptors in their action are using increasingly
sophisticated actions, and investigators should further streamline investigation.
The success of the investigation is also determined by the structure of the investigation and related
units that support the investigator, e.g. the Indonesian ACA, and other countries have effective
structures for investigating corruption cases. They have Investigation Directorates which are headed
by a director, and then the investigators are divided into several task forces,each task force consistsof four investigators. When conducting an investigation, the investigator has to cooperate with theprosecutors in handling a case by sharing information and discussing the progress and what to do next.
In investigating, the investigators also are assisted by the administrative staff, asset-tracing unit,
evidence-management unit, monitoring team and surveillance team. In Japan, prosecutors lead theinvestigation;each investigator reports the result of investigation to the leading prosecutor and shares
important information.Each investigation team should establish a chain of command,communication
network and division of roles;moreover, investigation teams should share information and common
approaches.

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Participating countries shared thoughts related to the structure of an effective investigation,which
requires strong and effective methods of fighting corruption such as on-the-job training on a regularbasis,e.g.every six months and refresher courses and training programmes.One of the tools is to havea special interview room with a welcoming environment for the interviews; confidentiality is very
important for the investigators so as not to undermine human relationships (the team leaders have toknow their team members and their feelings).In Viet Nam,they divide investigators into many teams;
each team is responsible for investigating corruption cases in a certain region. When receiving thecomplaints from one region, the leader of the investigation team will create a group of investigatorsfrom that team which is responsible for investigating in that region. This group can include three ormore investigators depending on the seriousness of the case.This group must have a minimum of three
investigators who have more experience in investigating such cases.The leader of this group will draw
an investigation work plan.
From the description above, the structure of an effective investigation can be achieved through:― A well-organized system of approving the investigation.Investigation must always be approvedby the head of the unit/agencies, not by every investigator;― There must be a well-organized team with a team leader, and human relationships are also
important among the team of investigators (the team leaders have to know about the teammembers);― There must be a well-prepared and organized work plan for the investigation so that the teamknows what it wants to achieve in the investigation;― There must be specialized investigators on the team;― There must be a special room for interviews with a welcoming environment;― There must be regular on-the-job training (advisable every six months and refresher courses andtraining programmes);― Investigators must be well prepared for interviews; we need to prepare questions before theinterviews,and ensure that these questions are known and agreed by the investigation team andthe head of the ACA;and― Building confidence and trust from the side of the public(among the citizens),and confidentiality
is very important for the investigators.
2. Use of Available Information
Information and data are very important in the disclosure of corruption cases as is proving evidence
before courts of law. The investigators have to be smart in maximizing the information and datacollected from various sources to be used in the preliminary investigation and/or developing theinvestigation process and plan. In many countries, investigators obtain information or clues fromcomplaint letters, accusations, media coverage, informants, whistle-blowers, investigation of othercases and issues (i.e., analyzing seized evidence or investigation of suspects in tax evasion cases),etc.
It is important to obtain information from various sources,but it is also important to evaluate the valueof this information correctly because most of them could be untrustworthy and slanderous.
Information can be obtained from various sources,such as the public,the complainants,the Internet,
newspapers, magazines, television, financial institutions (banks, insurance companies, etc.), Financial
Intelligence Units (FIU),even from NGOs.ACAs need to cooperate with NGOs among others who areconcerned with the eradication of corruption;sometimes they have the information and data that can
assist the investigation. In most cases it is hard to get information from each place because it takes
time,and many bureaucratic steps may be required.ACAs should develop and have databases to makeit easy to access and get information, in order that the investigators can be facilitated by getting
information easily and fast.

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The Indonesian ACA, as other countries, has a public complaints unit which receives all reports
from the public,and examines them by digging the information from the report and other sources,and
if the information and the given data are enough,the public complaints unit will submit a report of thecase to the preliminary investigation officers for careful study and evidence collection. Then thesuspect will be determined, followed by issuing investigation warrants or approvals for investigationby the head of the ACA.
3. Search and Seizure
It is important to understand what we mean by the word “warrant”.Warrant means an order issued
by a concerned authority to carry out certain activities by an officer based on the power given byenacted law to that authority to issue an order for warrant of arrest,search and seizure,among others.
Therefore,it is important that any warrant issued by an authorized institution should have that poweras given to it by enacted law.
The ACAs of many countries have the power to search and seize by themselves, and others evenhave power to issue warrants of arrest.However,in other countries,investigative agencies have to getcourt warrants or approval of the prosecutor. Cambodiaʼ
s ACA can arrest the suspect without awarrant from the court, but seizure requires a warrant from the court. When the ACA has limited
authority to issue certain warrants,it makes investigation very difficult. Indonesian and South Sudan
ACAs, like other ACAs, have the authority to search and seize in corruption cases. The warrant tosearch and seize does not need to be issued by the court;it is enough that the warrant is issued by the
ACA and signed by its head. In Japan, the investigation agency, including prosecutors, does not havethe right to issue the warrant of search and seizure.
In order to avoid consuming too much time,all participating countries except Japan suggest that theinvestigating agency should have the right to issue different warrants, such as summonses, search
warrants, seizure warrants and the right to interview any person without consideration of immunityand considering of his/her position.
The participating countries have different bases for conducting searches and seizures,but all agreed
that the definition of a warrant is the power given by enacted law to certain authorities to issue anorder,e.g.a warrant of arrest,search,and seizure.Search and seizure are important tools of investigation and producing evidence before courts of law.
4. Special Investigation Techniques
In many countries,wiretapping can be used;however undercover operations can be used in corruption cases only in one country, while in Japan, wiretapping can be used only in cases of drug crimes,
gun crimes,smuggling of illegal immigrants and organized murder.On the other hand,digital forensics
is often used by investigation agencies in Japan.For Viet Nam,wiretapping and undercover investigation are used in the investigation,but are not approved by laws.For other countries,they can use thesemethods,but the equipment used in the operation is not modern and still not enough.Moreover,some
ACAs still do not have forensic examination departments, equipped with modern technology. When
there is a case, they have to depend on other agencies to help on these matters or even seek theassistance of other countries. Indonesiaʼ
s ACA conducts special investigative techniques in handlingcorruption cases and is able to conduct wiretaps and surveillance of electronic devices, and even has
a forensic computer unit itself, but Indonesiaʼ
s ACA must refrain from impersonating or trapping in
corruption cases because their laws do not authorize them to do that.
Each investigating authority should have a well-equipped forensic laboratory with digital technology.It is very important to have specialized equipment to use in investigation ofcorruption cases.They
should use any opportunities to analyse any equipment that interviewees bring along during theinterview. It is advisable to introduce undercover operations as one of the means of investigation;
however,it must be authorized byan enacted law.Even though evidence is obtained,it is not admissible
as per the law of evidence. It is also advisable to include evidence obtained through undercover
operations as admissible evidence before courts of law. Every ACA should make it a priority to haverooms equipped with advanced technology to be used for investigation.

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5. Interagency Coordination and Collaboration
In most of the ACAs, the head of the ACA can order public authorities, government officials,
citizens who hold public office through election and otherwise,as well as units concerned in the private
sector,namely financial institutions and others,to cooperate and share information with officials ofthe
ACA in the work of the investigation. The head of the ACA can also ask national and international
institutions to cooperate in forensic examination related to its investigation.Indonesiaʼ
s ACA can also
take over the cases handled by the National Police and the Attorney General Office handling the casewhen it is considered that there is a conflict of interest. In most countries, the police and prosecutors
have to coordinate in investigating corruption cases, and prosecutors have authority to supervise theinvestigation of the police.Nepalʼ
s ACA has the power to investigate and prosecute,and Nepal has a
special court for corruption cases.However,other institutions and agencies that are related to investigation are not cooperative. Most of the countries do not have laws to punish the ones who do notcooperate and provide information.
ACAs should have agreements or M OUs with different institutions and agencies that are related toinvestigation in how to share information and cooperate together. ACAs should have clear mandates
to be the main actors in investigation of corruption cases and be the focal point of the cooperation andsharing of information with others in regard to investigating corruption cases.It is advisable to create
a forum that brings together all the stakeholders and mechanisms to support fighting corruption,
especially in the area of investigation. There is a need for ACAs to have open access to any key
government institutions or private institutions that have information and facilities that can help
quicken the process of investigating corruption cases.
C. M easures to Encourage Persons or Bodies to Supply Information to ACAs
ACAs, in carrying out their duties, need the participation of the public/citizens, information orbaseline data from public use to find early indications of corruption,but to do so is not easy,because
it requires awareness of the public to report corruption and the creation of facilities that make it easy
to report such crimes. If necessary, there should be a special law that requires the public to reportcorruption cases;if not,then that person is liable to be punished.Something that is more important is
to maintain the confidentiality of the reported allegation.
Sometimes in revealing a case, the investigator obtains good information from witnesses, whistleblowers or defendants who cooperate, in which case measures are needed for the protection of
witnesses, whistle-blowers and the defendants, or even offers to mitigate punishment.
1. Reporter-Friendly Mechanisms to Encourage Reporting by Citizens, Raising Public Awareness of
Such Measures
To encourage the citizens/public to report corruption boldly, measures have been implemented in
all countries who participate in this programme, for example through education to increase publicawareness of the consequences of corruption, providing the good and friendly facilities to submit the
public complaints to the Anti-Corruption Agency (ACA), and more important is how to maintain theconfidentiality of the complainant and report, and the action of the ACA to follow up on the complaints. These measures will encourage the citizens to report corruption cases.
In other countries, they increase public awareness of the consequences of corruption by AntiCorruption Agencies through dissemination to public officials,communities,posting stickers,banners,
slogans of anti-corruption, distributing brochures, producing spots, songs and books, and celebrating
International Anti-Corruption Day on 9th December every year by holding concerts,reading poems andholding painting contests for students,and comedy as well,or launching an educational book relating
to corruption in the curriculum of schools and universities.
After the public/citizens become aware of the consequences of corruption, they will have thecourage to report the corruption that occurs in their societies. Moreover, the ACA provides facilities
to submit complaints,such as rooms to receive complaints from citizens,reporting boxes,hotlines,and
official websites as well;therefore the complaints can be submitted directly or through the facilities
that have been provided.

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However, these methods are still not enough to encourage the awareness of people to report.
M aintaining the confidentiality of the complaints and follow up by providing information on the
progress of cases reported by the complainants is needed. There must be a special unit that handles
reports/complaints from the public/citizens. This unit should communicate directly and maintain theconfidentiality of the complainant,and the public complaint unit will analyse and assess the report andmake a decision on whether the report has enough data or information to investigate or not.
Last but not least,in order to encourage witnesses to provide information,there should be a systemof rewarding them, and the citizens who reported corruption cases should be publicly praised andreceive rewards. The ACA should give awards to members of the public who have been helping withthe prevention, eradication, or disclosure of corruption activities. The award could be in form ofmoney, certificate of appreciation, or any other form of rewards.
2. Reporting Obligations or M echanisms of Related Investigative Agencies and Public Officials
Some countries have laws requiring the reporting ofcorruption to the law enforcement agencies,but
also there are countries that have no such law. These laws stipulate that the citizen/public cancontribute and help the prevention and eradication of corruption. Communities shall have the rights
and responsibilities in the prevention and eradication of corruption;and it is also stipulated that the
government should give awards to members of the public officers who have been helping the prevention,eradication,or disclosure of corruption.As a matter of fact,most of the countries do not impose
penalties for individuals who are aware of corruption cases and do not report them.It is important tointroduce a law which allows punishment of citizens who are aware of corrupt practices and do notprovide information related to corruption. In many countries, punishment for someone who did notreport corruption is merely an administrative penalty while it should be a criminal offence based on its
importance. However, most participating countries do not have such provisions. In the future, thepunishment for not reporting corruption is needed as a criminal offence in order to be more effective
against corruption.
3. Witness and/or Whistle-blower Protection
Witness and whistle-blower protection are essential in order to help investigators in investigating
corruption cases, as well as especially designed mechanisms for implementation. So, they should beprotected legally and physically. Only Indonesia has special laws and a special agency for protectionof witnesses and whistle-blowers;the agency is tasked to provide protection to witnesses and whistleblowers and those related to them. This agency carries out its work in collaboration with other law
enforcement agencies in order to protect witnesses and whistle-blowers in all criminal offences,including corruption. While in other countries ACAs have policies and direct departments which
provide protection to complainants,witnesses and relevant persons who provide information related tocorruption cases and when the need arises this department cooperates with other security organs.
However, there are many countries which have no such system.
In order to get information from the witnesses and whistle-blowers effectively, there should be
witness and whistle-blower protection laws, which require financial resources for implementation.
However,the law should clearly state the timeframe for the protection.Also,there should be a special
room equipped with high-tech equipment for whistle-blowers when they come to provide information.
The laws should provide the facilities to witnesses and whistle-blowers to feel free while giving
information (not showing their face to public).
4. M itigation of Punishment/Grants of Immunity from the Prosecution to Cooperative Witnesses orDefendants
M ost countries do not have laws on this,excepting Viet Nam and Tajikistan,which have such laws
stated in the Penal Code. In these countries, there are specified circumstances for mitigation ofpunishment. They include circumstances in which the defendants cooperate with investigators andprosecutors to clarify a corruption case. In all the countries except Nepal, the laws do not give a
promise or grant of immunity to the defendant even if they cooperate with investigators.In Japan,thepenal code states that the punishment of a person who committed a crime and surrendered him/herself
before being identified as a suspect by an investigative authority may result in reducing the sentence.

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The members ofthe group are ofthe view that the law should not be introduced to allow mitigation/
immunity for defendants or witnesses, except when there are serious cases of corruption. However,when introduced,it should have a good mechanism of control;if not,it may be abused.Therefore,thebest way is to introduce the use of high-tech investigation in order to not depend too much on thewitnesses.

III. RECOM MENDATIONS ON EFFECTIVE INVESTIGATION MEASURES FOR
CORRUPTION CASESThe necessary measures to make effective investigation in each country were recommended asfollows:
1―

Having a special law separate from the criminal code that deals with corruption and financial
offences.

2―

Ensuring that conflicts of interest are included as offences with criminal punishment,not justadministrative punishment.

3―

Ensuring that our top political leaders and high-ranking officers have the will to fightcorruption not by word, but by action through advocacy and enlightenment.

4―

Enacting strong laws,which empower ACAs with the functions and authorities to effectively
fight corruption and investigate corruption cases, ensuring independence as per the Jakarta
Statement.

5―

Preparation of work plans for investigation and teamwork as an important tool for investigations.

6―

Having qualified and specialized investigators ofthe right qualityand quantityto do investigations.

7―

Investigators should undergo on-the-job training and refresher courses every three to six
months on modern tools of investigation and how to use and introduce new modern technology
equipment in their work.

8―

Introducing well-equipped forensic laboratories.

9―

Having special rooms for investigation well equipped with special devices.

10― Introducing and legalizing undercover operations.
11― Ensuring that evidence obtained during the undercover operation is acceptable in courts oflaw, which requires amendment of evidence laws in some countries.
12― Ensuring the independence of the investigators.
13― Empowering through legislation the ACAs to have the power and the right to issue searchsearch and seizure warrants and warrants for arrest.
14― Ensuring provision of good working environment,job security and dignified salary packages
for investigators to ensure effective investigation.
15― Having comfortable rooms to interview the defendants and witnesses.
16― Ensuring cooperation between public officials and the private sector in providing needed
information.

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17― Ensuring the creation and availability of database information whenever needed to speed up
and help investigators in their work.
18― Ensuring enactment of special laws for protection of witnesses and whistle-blowers and thoserelated to them;advisably having a special budget and mechanism for its implementation.
19― Enacting laws which punish those who have information and are aware of corrupt practices
and do not provide such information to ACAs.
20― Ensuring and enacting laws that allow ACAs to issue any summonses and warrants without
consideration of immunity and to interview persons.
21― Encouraging citizens and the public to report corrupt practices to ACAs using different means
such as education, communication mobilization, reporting centers, hotlines, mailboxes, websites, and face-to-face reception of allegations.
22― Awareness-raising programmes for all, which pays special attention to students throughworkshops, seminars, meetings, schoolbooks, clubs for corruption fighters/citizens for a
corruption free society and nation.
23― Ensuring proper implementation of the international conventions, especially UNCAC, andinclusion of international obligations and standards in our domestic laws.
24― Ensuring cooperation between different countries with easy facilitation of M utual Legal
Assistance (MLA), without entering into agreements and/or treaties,just by using the principles of reciprocity.

IV. CONCLUSION
The group thoroughly deliberated and discussed the current issues and problems of each participating country relating to effective collection and utilization of evidence in criminal cases. Following
thorough discussion, the group concluded certain recommendations and necessary measures to be
implemented in their respective countries for the development and improvement of the criminal justicesystem focusing mainly on investigation. However, it should be noted that the measures and therecommendations in this report may be adopted and implemented in the respective countries based on
the necessity and suitability for ultimately achieving an effective and efficient criminal justice system.
Finally,we should admit that many drawbacks in investigating corruption cases still exist:lack ofstrong legal framework,ACA independence and capacity of the investigation and investigators,among
others.The best way to improve and overcome investigation obstacles and difficulties is by putting inplace effective measures of investigation. In addition, we should strengthen global networking andacquire modern technologies and techniques from developed countries.If we are ready to change,then
we can win this battle of the fight against corruption.

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