GROUP 3
EFFECTIVE MEASURES FOR COMBATING CORRUPTION FROM
DETECTING LEADS TO TRIAL—A COMPARATIVE ANALYSIS OFDOMESTIC LAWS
Chairperson
Co-Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Co-Rapporteur
Members

AdvisorMr. Wael Saad Mohamed RAFEI
Mr. Md Nasir UDDIN
Mr. Phoosit TIRAVANICHPONG
Mr. Akuei Mayuen Deng DUT
Ms. KURUJI Naomi
Ms. Zeeniya ABDULLA
Mr. Sisavat SANGSINSAY
Mr. Kuanysh BAIMAKHANOV
Mr. WATANABE Kazutoshi
Mr. SARGALDAKOV Bekbolotovich
IskanderProf. YUKAWA Tsuyoshi(Egypt)(Bangladesh)(Thailand)(South Sudan)(Japan)(Maldives)(Laos)(Kazakhstan)(Japan)(Kyrgyz Republic)(UNAFEI)

I. INTRODUCTION
The Chairman guided the meeting to decide on the topics to discuss, and after thorough deliberations
on the proposed topics, the meeting resolved to focus on the following topics:
1. Corruption detection and methods of generating leads;
2. Effective measures for corruption investigation;
3. Prosecution and trial of corruption cases.
These topics were chosen because of their importance in any effective response to corruption.

II. GENERATING LEADSThe Group first reviewed methods of detecting corruption in the respective countries, which are summarized in the tables attached hereto and marked as Annexes I and II. The following points contain someof the information derived from the table:- 		 In generating corruption reports, investigation authorities in all the countries in the Group had
adopted direct complaint mechanisms such as hotlines, emails, petitions, in-person reporting andthey also detect corruption through open media sources-		 Among the nine countries, Maldives and Kyrgyz Republic do not have a mechanism to generateleads through asset declaration- 		 Presently, the most useful measures for generating leads in Thailand are reports of the Office of the
Auditor General, and this measure is also used in all other respective countries other than Egypt- 		 Other than Laos, all other countries collect and examine suspicious transaction reports from
Financial Intelligence Units to generate leads- 		 Inter-agency information sharing is also a measure to detect corruption in the respective countries
other than Kyrgyz Republic and Laos- 		 Direct detection of the evidence of a crime by investigators, prosecutors or public officials are also
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used to generate leads in the countries such as Japan, Maldives, Bangladesh and the Kyrgyz
Republic; however, in South Sudan it is an obligation and a constitutional duty to inform the public
officials or report any illegal activities
Best Practices
After deliberation, the following were identified as ideal measures which the respective countries
should consider adopting:- 		 It is needless to say that any investigative bodies should receive information by a variety of means
to hear from as many people as possible, and investigative bodies should collect and examine avariety of materials such as media reports, FIU reports, etc.
- 		 Regardless of the number of investigative organizations, the information exchange between ministries which receive information is essential not to miss leads- 		 Furthermore, reporting obligation to investigative bodies for public officials in case of becoming
aware of corruption will enhance efficiency of collecting information, because gathered information
can be used to generate useful leads- 		 There is need for legislation that establishes whistle-blower or witness protection

III. CORRUPTION INVESTIGATION
Thorough and comprehensive investigation is critical to successful prosecution. In the countries of theGroup, substantial efforts are invested in finding out adequate answers to what, who, when and how corruption offences occur. All the countries use all forms of traditional methods of corruption investigation
with varying degrees as to the control mechanisms.
However, some countries have found it necessary to use special measures to investigate corruption, thereason being that corruption by its nature is a secretive crime, most often committed by mutually satisfied
parties. Unless agencies responsible for combating corruption have access to the use of special measures,
corruption will continue to wreak havoc unabated. More so, corruption offenders usually do their businesswith a flair of sophistication, rendering obsolete the traditional methods of revealing its occurrence anddamage.
Chief among the special measures to investigate corruption are: controlled delivery, undercover operations, use of informants and surveillance, both physical and electronic. Some countries of the Group use
some of these measures.
As for the other countries, these measures are considered intrusive and infringe on the fundamental
rights and freedoms which are heavily guarded by the constitution. Their use is therefore a last resort
when other less intrusive measures prove less effective, especially in serious crimes. A balance between effectiveness in combating corruption and respect of rights is therefore required when using these measures.
As a safeguard even the countries that use these measures put in place restrictions on their use.
Internal control, prosecutorial and judicial scrutiny as well as requiring express provisions of the law are
but some of the control measures used.
Best Practices
The key word in investigation of corruption is effectiveness of the means and methods used ingathering enough evidence to prove or disprove the existence of corruption. Each jurisdiction should strive
to strike a good balance between being innovative one the one hand and not encroaching too much on
protected rights, such the right to privacy of dwellings and communication, which are universally recognized rights. Among the innovative measures to consider are: controlled delivery, use of informants, theuse of undercover agents, wiretapping, surveillance, and sting operations, among others.

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IV. PROSECUTION AND TRIAL
A. Prosecution
1. Collecting Information
In most countries, prosecutors have the authority to initiate prosecution of corruption cases (Egypt,
Japan, Maldives, Kazakhstan, Kyrgyz Republic, and Lao PDR). In Thailand, prosecutors indict cases in thename of the Attorney General with his/her approval. In South Sudan, the South Sudan Anti-Corruption
Commission (SSACC) has the authority for prosecution according to the constitution. But the Director of
Public Prosecution also has authority to prosecute corruption cases. Only in Bangladesh does the Anti Corruption Commission (ACC, established in 2004) possess sole authority to prosecute.
In most countries except South Sudan, the prosecution bodies have more discretion about whether toprosecute or not. Such bodies are also free to adopt or to dismiss the prosecutor or staff member of the
ACC (in the case of Bangladesh). Adequate legal qualification is required to be a prosecutor or a staff
member of the ACC in all the countries.
In most countries except Japan and Maldives, prosecution bodies indict cases when there is sufficientevidence to support the reasonable prospect of a conviction. In Maldives, a prosecutor should indict defendants in cases which can be proved beyond reasonable doubt. In Japan, prosecutors indict defendants when
the offence can be proved beyond a reasonable doubt and it is necessary to prosecute. Since the prosecutor
has wide discretion not to initiate prosecution in Japan, there is a system to review a prosecutor’s decision
not to prosecute, that is, the Committee for the Inquest of Prosecution. Victims or complainants can apply
to the committee to review the prosecutor’s decision of non-prosecution. Members of the committee are
randomly selected from voter registration lists, and those 11 citizens will see all the evidence and decide
whether prosecution is proper or not. If the committee decides twice that prosecution is proper, then the
court appoints a private attorney(s) to prosecute the case. Most countries except Bangladesh and South
Sudan have a review system for non-prosecution.
2. Best Practices
At first glance, it seems ideal for combating corruption that the anti-corruption commission with investigation authority is also empowered to initiate prosecution and to pursue the case through trial. However,
to make this model work in realty, there should be enough human and other resources in the commission.
Many of the anti-corruption agencies are relatively new after their establishment, and therefore it would
be effective to have a system in which the commission would coordinate closely with prosecutors who takethe role to prosecute the cases and to attend to the trial. There should be also a review system for theprosecution, and it would be useful to have a system like Thailand, where non-prosecution decisions are
scrutinized by a committee consisting of members from the anti-corruption commission and the prosecutors’ offices.
B. Trial
1. Collecting Information
In most countries except Bangladesh, corruption cases are adjudicated through the ordinary judicial
process. In Bangladesh, corruption cases are handled only by special judges, appointed from ordinary
judges, who have authority to engage in the trial within their territorial jurisdictions. For fair and speedy
trial, in Thailand, Japan and Kazakhstan, the pre-trial conference procedure is used, and the court may
apply it to corruption cases. Through the pre-trial conference procedure, parties should prepare and clarify
their allegations, and thereafter the court arranges points of arguments and the plan for the upcoming
trial.
As for witness protection, the judge can order the police to take appropriate measures to protect
witnesses in Egypt and Bangladesh (but rarely used). In Maldives, Kazakhstan and Kyrgyz Republic,
judges can also conceal the background of witnesses from the suspect or the defendant. In all countries,
there are no special rules of evidence that are only applied to corruption cases. But as for the statement of
co-offenders, South Sudan deems such statements obtained as admissible. In Egypt, at the stage of prosecution, the prosecutor can ask the judge to mitigate punishment or acquit a witness who provided testimony.

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2. Best Practices
Because of the complexity, it normally takes a long time for corruption cases to come to final
judgement. It is therefore in the interest of speedy and fair trial to adopt some innovative and effective adjudication mechanisms. Measures to consider include the use of special courts, specialized training forjudges, the use of pretrial procedure, and post-trial witness protection, among others.

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Methods ofGenerating
Leads

180
Suspicious
Transaction
Reports from
FIU

Suspicious
Transaction
Reports from
FIU

Inter-agency
information
sharing

Inter-agency
information
sharing

Statutory
Reporting

Whistleblowing

Media Reports

Audit Reports
Media Reports

Audit Reports
Media Reports
Suspicious
Transaction
Reports from
FIU

informants

Inter-agency
information
sharing

Assets Declaration Reports

Assets Declaration Reports

Assets Declaration analysis

Complaints

Egypt

Complaints

South Sudan

Complaints

Thailand

Directdetection of
the evidence ofa crime byinvestigator,
prosecutor or
the public
officer

Whistleblowing
informants

Inter-agency
information
sharing

Suspicious
Transaction
Reports fromFIUMedia Reports

Assets Declaration Reports
only for dietmembers

Complaints
and accusation

Japan

Directdetection of
the evidence ofa crime byinvestigator,
prosecutor or
the public
officer

informants

Inter-agency
information
sharing

Suspicious
Transaction
Reports from
FIU

Audit Reports
Media Reports

Complaints

Maldives

Information
received during
the investigation ofpredicateoffences ofmoney laundering prevention
act

Whistleblowing
informants

Inter-agency
information
sharing

Suspicious
Transaction
Reports from
FIU

Audit Reports
Media Reports

Assets Declaration Reports

Complaints

Bangladesh

Method of Generating Leads for Corruption Investigations

Inter-agency
information
sharing
Whistleblowing

Suspicious
Transaction
Reports from
FIU

Audit Reports
Media Reports

Assets Declaration Reports

Complaints

Kazakhstan

Directdetection of
the evidence ofa crime byinvestigator,
prosecutor or
the public
officer

Reports of the
public officials

Suspicious
Transaction
Reports from
FIU

Audit Reports
Media Reports

Complaints

KyrgyzRepublic

Audit Reports
Media Reports

Assets Declaration Reports

Complaints

Laos

Annex ⅠRESOURCE MATERIAL SERIES No. 98

South Sudan

Yes. Anticorruption
legislation
obliges public
officials toreport corruption. Failure to
do so attracts
punitivesanctions.

Some mitigation during
trial

Is practiced by
the Anti-corruption Commission.

ThailandNo

Yes, Some mitigation

No

Reporting
Obligation

Mitigation
SystemAnonymous
accusation
No

Yes

No

Egypt

Yes

- M
 itigation ofpunishment
is practiced
by prosecutors andjudges.

- No plea
Bargain- P ublic
officers are
obliged toreport police,etc.

Yes by law

Japan

Yes

No

Yes. Anticorruption
legislation
obliges public
officials toreport corruption. Failure to
do so attracts
punitivesanctions.

Maldives

Yes

No

No

Bangladesh

Special Methods of Generating Leads

No

Yes

Yes

Kazakhstan

No

No

Yes

KyrgyzRepublic

No

No

No

Laos

Annex Ⅱ

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181

South Sudan

No warrant forsearch. Warrant
needed for
seizure andfreezing ofproperties. But if
the suspect
absconds, thewarrant of
attachment andoften seizure is
obtained for the
Senior Public
Prosecution
Attorney not the
court.
72 Hours. This is
the practice oflaw enforcement
agencies.
However, theConstitution
provides for 24hours.

Positive. Thiskind of investigation is done todisrupt corruption fromhappening.
SSACC. Has
monopoly overcorruption cases
investigation.

Thailand

Request madeby NACC
directly to theJudge

Also need ajudicial
warrant.
Forty-eight
hours to bring
the suspect
before thecourt.
Maximum
detention iseighty fourdays. Application madedirectly to theJudge by
NACC.

Sometimes inseriouscrimes.

National AntiCorruption
Agency(NACC)

Search and
Seizure182

Arrest/Detention

Proactive

AGNECYNo Specialized
agency. Only
Specialized Public
Prosecution
Offices. Administrative Control..
Illicit gains
Authority. FIU
and then National
Coordination
against corruption.

Negative.

A warrant isneeded with the
exception of whena suspect is caught
in the process ofcommitting acrime. In this caseno warrant isneeded but thesuspect must be
brought before thejudge within 4
Days. The
maximum
detention period

Normally awarrant is needed.
But the suspect isfought red handed
no warrant isneed. However, heshould be brought
before the Prosecutor within 24
hours of arrest.

Egypt

Police/Prosecution

With a warrant. 72
hours for police andthe prosecution.
Forty-eight hours forpolice and twentyfour hours for theprosecutor. If thearrest is made by
the Prosecutor thenit has forty-eight
hours only. Generally
ten days for initialdetention liable forone more extension
only. This makes thetotal detention days
twenty.
Negative

Warrant before
making search andseizure.

Japan

Police/ACC
have
monopolyover investigation overcorruption
cases.

Some times.

Detention
period is 24
Hours.
Maximum
initial period
fifteen days
liable toextension
with a judicial
warrant.

No searchwarrant fromcourt isneeded inpublic areas.
Search ofprivateproperty, awarrant isneeded.
Application ismade by theprosecution
and executedby the police.

Maldives

Investigative Methods and Powers

ACC

Negative

No warrant
required toarrest.

No permission
from court.
But to get
informationfrom bankaccounts
permission
from judge isneeded.

Bangladesh

ACA/otheragencies caninvestigate
corruption but
should refer
the files assoon aspossible to
the ACCNot available
for corruption
cases.

72 hours
without
warrant.
Extension ismade to thecourt throughPublic Prosecution Office.
Maximum
detention
period is 18
months. Thismeasure isscrutinized by
the court.

Warrant isneeded form aprosecutor.

Kazakhstan

ACC ofNational
Security
Committee/
Prosecutor
Office.

Positive

Arrest forforty-eight
hours extendable to one
year
maximum bycourt order.

Warrant isneeded for
seizure andsearch. The
warrant isobtainablefrom thecourt.

KyrgyzRepublic

Anti-corruption
Authority/
PoliceNegative

Warrant
needed froma Prosecutor
and not a
judge. 24hours for
Police. Prosecution has
up to threemonths.

Warrant
needed froma prosecutor.

Laos

Annex ⅢRESOURCE MATERIAL SERIES No. 98

Effectivenessin generating
useful evidence

Procedures
and safeguards
against humanrights infringement andabuse, if any

Human Rights
Challenges

Informants

Physical andElectronic
Surveillance

UndercoverOperatives.
Sting operation
and bugging.
Wiretapping

Controlled
deliveryType ofMeasureIf these measures are to
be used a judicial
warrant is needed.
Moreover and because of
their intrusive nature
they should be used as alast resort and in serious
crimes. Article 22 of theConstitution
Not tested. However, it
has the potential ofunraveling evidence
considering that corruption is a secretive crimein nature and requires
secretive and special
methods to discover andgather evidence of its
existence.

Right to Privacy is oneof the inviolable andfundamental rights under
the constitution. Any
infringement on thisright must be in accordance with the express
provisions of the law.

Not expressly provided
for under the law andare therefore not safe touse as the evidence
obtained through themmight be illegal andtherefore not admissible.

Undercover operations areused

Intrusiveonprotected
rightsSouth Sudan

Thailand

They areused inseriouscrimes onlyand subject
to judicial
scrutiny.
Not tested inrelation tocorruption.

The use of informants is the mosteffective.

Infringe onsome fundamental
human rights
such as theright toprivacySome special
investigativetechniques.
Controlled
delivery,amongothers isused tocrack
criminal
networks.
However,
their use
does notextend tocorruption
cases

Japan

Egypt’s constitution
protects fundamental rights andfreedoms. Any
infringement ofthese rights must
be in accordancewith the express
provisions of thelaw.
If these measures
are to be used a
judicial warrant isneeded. Evidence
admissible if used
upon a judicial
warrant.

Controlled delivery,
wiretapping,
physical andelectronic surveillance and informants are used toenhance effectiveness in collecting
evidence during
investigations.

Egypt

The use of
informants
is specificallyeffective in
getting
evidence.

Judicial
warrant isneeded intheir use.

Fundamental rights
areprotected
under theconstitution.

Not used on
the context
of ACC.
Only police
can usethesemeasures.

Maldives

Special Investigative Measures

Effective in
generating
usefulevidence.

Use withpermission
from judge
or court

Fundamental humanrights arepreserved
under theconstitution
and theanticorruption law.

Controlled
deliverySting
operations(trap case)

Bangladesh

Provedeffective andcounteracting
corruption
through facilitating evidence
gathering

Their use issubject tojudicial
oversight andare restricted
to serious
crimes only.

Provedeffective in
generating
evidence.

Judicial
scrutiny isrequired

Penetration of
office, house orother places,
Physical
control of aperson orplace.
Sting operations
Constitution
protects theright toprivacy

Penetration of
office, house orother places,
Physical
control of aperson orplace.

These measure
are intrusive
and infringe
much on theright toprivacy.

Controlled
delivery,Wire-tapping(telephone,computer),
Bugging(person, place),

KyrgyzRepublic

Controlled
delivery,Wire-tapping(telephone,computer),
Bugging(person, place),

Kazakhstan

Police activities using
specialmeasures aresupervised byprosecutor.
Prosecutor’s
permission isrequired.
Provedeffective

The constitution ensures
basic humanrights.

Controlled
delivery,undercover
operations
and wiretapping are usedby police
officers
according to
PublicSecurity Act.

Laos

Annex Ⅳ

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183

184
LL.B. and1 yeartraining in
National
Judicial
CentreSufficiency ofevidence tosustain reasonable prospect ofconviction.

No check system

LLB and 1 year
training in legal
training institutefor prosecutor

Positive(subject toconsiderationof the parliament)

Positive

Positive

Sufficientevidence

Joint
Committee(NACC,
Attorney
General), then
NACC canprosecute
LL.B.+Bar
exam+2 years’
legal experience and exam
for prosecutor
recruitment

Independence
in removal

Independence
in decision ineach case

Financial
independence

Element andCriteria

Check system

Others (qualification for theprosecutors or
the member ofthe commision)

Attorney
General(acc. tohierarchy)

The Constitution
and the law
provides for‘functional’
independence.
No financial
independence.

Positive(subject toconsent of theparliament)

Independence
in appointment

Sufficientevidence

Positive

Positive

Positive

Positive

Prosecutor

Anti-Corruption
Commission/
Director of Public
Prosecution
Members areappointed by the
President of the
Republic subject
to approval of the
National Legislative Assembly(Parliament)
Removal by the
President or the
National Legislative Assembly

Attorney
GeneralAuthority

Egypt

South Sudan

ThailandSame barqualificationand training at
LRTI as judges
and defence
lawyers

Budget of
Ministry ofJustice
The case canbe proved
beyond reasonable doubt. The
necessity toprosecute isalso considered.
The committee
for the inquestof prosecution

Positive (disqualificationcommittee)
stipulated in
the prosecution
office law
Positive stipulated in theprosecution
office law

Ministry ofJusticeappoints

Prosecutor

Japan

LL.B.forprosecutor,
LL.B. and 4
years experience for
Prosecutor
GeneralNo check
systemThe case canbe proved
beyond reasonable doubt

Positive

Positive

Positive(subject toconsiderationof the parliament)

Positive(subject toconsent of theparliament)

Prosecutor
GeneralMaldives

Attorney of 10
years inpractice

No check
system. The
decision of
ACC toprosecute is
final

Sufficiency ofevidence tosustain reasonable prospectof conviction.

Positive

Positive

Positive (Parliament)

Independent(Appointed by
the President,
nominated by
five members
Committee)

ACC

Bangladesh

Prosecution of Corruption Offences

LL.B. and 5
years’ experience in prosecution officeUpper Prosecutors Office
Court

Sufficientevidence

Positive

Positive

Positive (Parliament)

Positive(appointed by
Parliament)

Prosecutor

Kazakhstan

LL.B., exam andtraining inprosecution officeUpper Prosecutors Office Court

Sufficientevidence

Positive (Ownbudget)General prosecutor is nominatedby President andparliament should
approve theappointment
Positive

General prosecutor is nominatedby President andparliament should
approve theappointment

KyrgyzRepublic
Prosecutor

LL.B. andtraining in theinstitute ofjustice

Supreme
Prosecutors
OfficeCourt

Budget isdecided byGovernment
Sufficientevidence

Positive (prosecutor isindependent bylaw)

Positive (Prosecutor Generalis appointed by
Parliament)
prosecutors
are nominatedby Prosecutor
GeneralPositive (Parliament)

Prosecutor

Laos

Annex ⅤRESOURCE MATERIAL SERIES No. 98

South Sudan

Ordinary
judges andordinary
juducial
process

All documents
are submitted
to the court

Negative

Negative

No difference

Admissible

ThailandIf defendant isa politician-9
judges panel ofSupreme Court

All documents
are submitted
to the court

Pre-trial
confrence
procedure

Physicalprotection(rarely used)

No difference

Nothing special

Judges andJudicial
process forcorruption
offences

Disclosure ofevidence

Special proceedings forfair and speedy
trial

Witness protection

Rule ofevidence (Istheresomethingspecial about
corruption
cases?)
Statement of
co-offender
At the stage ofprosecution,prosecutor canapply to judge
to give mitigation or
acquittal to thewitness to takea testimony

No difference

Judge canorder police totake appropriate measues toprotect witness

Negative

Negative

Ordinary
judges andordinary
juducial
process

Egypt

Nothing special

No difference

No witness
protection

Pre-trial
confrence
procedure

Partially

Ordinary
judges andordinary
juducial
process

Japan

Nothing special

No difference

Judge canconceal thebackground of
witness fromsuspect ordefendant

Negative

All documents
are submitted
to the court
exept the statements which
prosecutors
want to hidethat identify
the person.

Ordinary
judges andordinary
juducial
process

Maldives

Nothing special

No difference

Judge canorder police totake appropriate measues toprotect witness

Negative

All documents
are submitted
to the court

Special court

Bangladesh

Trial Procedures for Corruption Offences

Nothing special

No difference

Judge canconceal thebackground of
witness fromsuspect ordefendant

Pre-trial
confrence
procedure (20daysmaximum)

All documents
are submitted
to the court

Ordinary
judges andordinary
juducial
process

Kazakhstan

Nothing special

No difference

Positive

Negative

All documents
are submitted
to the court

Ordinary
judges andordinary
juducial
process

KyrgyzRepublic

Nothing special

No difference

Negative

Negative

Negative

Ordinary
judges andordinary
juducial
process

Laos

Annex Ⅵ

161ST INTERNATIONAL TRAINING COURSEREPORTS OF THE PROGRAMME

185