REPORTS OF THE PROGRAMMEGROUP 1
EFFECTIVE MEASURES FOR GATHERING INFORMATION TO
DETECT AND INVESTIGATE CORRUPTION OFFENCES
Rapporteur: Mr. Adrian Bernard Conrad Samuels Esq. (Sierra Leone)
Co-Rapporteurs: Mr. Ismail Nadeem (Maldives)
Mr. Christopher Mesa (Philippines)
Mr. Mitsuhiro Sugita (Japan)
Chairperson
Co-Chairperson
Members

Advisers

Mr. Oleksii Geiko
Mr. Tsiry Razafimandimby
Mr. Daniel Lima
Mr. Gokul Banstola
Mr. Sada Moussa
Mr. Mahir Shallakey
Ms. Maki Kuroda
Mr. Yusuke Nishigaya
Prof. Ryo Futagoishi(Ukraine)(Madagascar)(Brazil)(Nepal)(Niger)(Sudan)(Japan)(Japan)(UNAFEI)

I. INTRODUCTION
Corruption nowadays is sophisticated and is usually done in secret by a group of persons domestically or
across borders. Hence, gathering information is very crucial on the part of Law Enforcement Agencies (LEA)
as the outcome of the prosecution and adjudication of a case is solely based on the quality of investigation
conducted and credibility of evidence gathered. For the above-stated reason and after a series of lecturesfrom professors and visiting experts, study tours and individual presentations, our group was formed todiscuss and share challenges and best practices in our respective countries on the topic above.
Effective measures to gather information, including facilitating reports from the public and use of publicly
available information; special investigative techniques such as undercover operations, electronic surveillanceand communications interception; other investigative techniques etc.; protection of whistle-blowers and/orwitnesses; and information sharing and cooperation among relevant agencies (domestic and international)
were therefore discussed.

II. CHALLENGES DURING DETECTION AND INVESTIGATION OF
CORRUPTIONOwing to the fact that corruption offences are often committed in secret without leaving any trace orevidence, it is quite burdensome proving these offences in court. For the said reason, whistle-blowers play avery important role in the fight against corruption.
Considering the contributions of a majority of the group members, it was noted that in many jurisdictions
very little or nothing has been done to protect whistle-blowers and witnesses. They are normally put in sucha situation that they fear for their lives, the lives of their family members, their jobs and so on. They therefore
shy away from rendering much needed help to the various bodies involved in the fight against graft.
It was also discussed that gathering initial information for further investigative activities normally takes a
lot of time. Considering the fact that most corruption-related crimes demand quick response, investigatorsand prosecutors therefore need access to information from public registries and databases to make theirwork easier.
Members of the group exchanged their experiences on special investigative techniques that are being
used during investigation of corruption-related crimes. During discussion it was concluded that undercover
operations are the most important among investigative activities and techniques for obtaining strong,218

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relevant and admissible evidence during pre-trial investigation.
In most jurisdictions court warrants are necessary for undercover operations. In some countries likeBrazil, the time limit for such court warrants is only 15 days, which is not sufficient for investigation.
In some countries, there are laws granting immunity from investigation and prosecution to top-officials
such as parliamentarians. They are therefore reluctant to make amendments to the laws granting them suchimmunity.
Among other challenges, it was also mentioned that obtaining evidence through Mutual Legal Assistancerequests and international cooperation is highly important for investigation, but it takes a lot of time before
these requests are responded to. Another problem is the refusal by states to conduct criminal procedures
requested because of the different provisions in their criminal legislation.

III. BEST PRACTICES
During active discussions members of the group agreed on some of the best practices of theircounterparts that should be used as examples for possible improvement of their domestic criminal justicesystems.
The use of a centralized database for investigators could make gathering of necessary information at any
stage in a criminal proceedings an easier and faster process. Introducing electronic asset disclosure and eprocurement systems could also help to achieve a high level of transparency.
Amendments must be made to existing laws to cater for anonymous reports and their admissibility incourts. Leniency programmes and plea agreements with offenders could also be introduced to encourage
more reports on corrupt activities.
It is recommended that the use of complex undercover activities and techniques for gathering evidence,such as electronic surveillance, undercover audio and video recording of suspects, wiretapping, physicalsurveillance, communications interception, installation of video recording in offices and houses of suspects,
communications interception by installing audio recording devices on the clothes or other items of suspects,
and interceptions of e-mail communications should be encouraged.
The use of confidential agents for gathering information and further disclosure of criminal schemes andorganizations are also considered.
It is also recommended by most of the countries to adopt special legislation regarding whistle-blowersʼ
protection, which will underline necessary procedures for involving and protecting whistle-blowers andwitnesses, especially by limiting the number of parties in the criminal proceedings who have access to theidentities of whistle-blowers. Furthermore, holding court sessions in camera, distorting the voices ofwitnesses when they testify, providing immunity from civil and criminal lawsuits for witnesses, provision ofpenalties for those who harm whistle-blowers, security of job tenure of witnesses, giving benefits such as
housing facilities, free medical treatment and so on while serving as a witness were all considered.

IV. CONCLUSIONS AND RECOMMENDATIONS
Improving the welfare of citizens is impossible without structural reforms in many areas. Reforms ofcriminal justice systems should become the key priority for every government. It may increase professional
standards for judges, prosecutors and investigators, and improve efficiency of investigation of corruptionrelated crimes. It is therefore recommended that the following provisions shall be adopted:
1. It is necessary and beneficial to construct a system that promotes whistle-blowing while being
cautious of the possibility of receiving false information.
2. It is important to notify the public of the whistle-blower protection unit so as to develop theirconfidence in reporting corruption and as a means of sensitizing them about the dangers of making a219

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false or malicious report.
3. Governments should establish central databases for LEA and apply electronic asset disclosure andtransparent e-procurement systems.
4. There is a need for amendments to criminal procedural legislation to provide LEA with possibilities ofconducting all possible types of undercover activities.
5. It is necessary to exchange experiences and best practices among LEA officers through internationalseminars, trainings, conferences and workshops.

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