COMBATING CORRUPTION THROUGH EFFECTIVE CRIMINALJUSTICE AUTHORITIESKap Tluang *I.

INTRODUCTION

Freedom from corruption is the sine qua non for building a clean government and for good
governance, and it is also connected with foreign investments and the image of our country.
Corruption erodes justice and the rule of law, hampering the sustainable development of a nation.
It undermines democratic institutions. It also results in the loss of State property. Widespread
corruption in a country could result in poverty. Corruption usually links with other forms ofcrime, particularly organized crime involving money laundering and vast quantities of assets.
Corruption cases involve not only government officials but also private individuals andcorporations. Nowadays, corruption spreads out beyond the borders of a country. As no country
in the world is free from corruption, all countries need to cooperate and coordinate in combating
corruption.
II. ANTI-CORRUPTION LAW
Myanmar signed the United Nations Convention against Corruption (UNCAC) in 2005 andratified the convention in 2012. In accordance with the UNCAC convention, the Pyidaungsu
Hluttaw enacted the Anti-Corruption Law on 7 August 2013. It was signed by the President on
17 September 2013, and the law came into force on 17 September 2013. It has 11 Chapters and
73 sections. This law has been amended four times up to now for the requirements of our country.
The Anti-Corruption Rules were also issued in 2015.
The objectives of this law are: (a) to carry out anti-corruption as a national responsibility; (b)to be of benefit to clean government and good governance; (c) to enhance dignity andaccountability in public governance; (d) to protect state-owned property, rights and interests ofthe community and citizens due to corruption; (e) to take action effectively against persons who
commit corruption; (f) to create more transparency in the rule of law and governance sector, andto develop the economy and domestic and foreign investments.
Under this law, the offences are stipulated as cognizable offences. The members of theCommission, Preliminary Scrutiny Board, Investigation Board, and inspectors have the powers
and exemptions of police officers in performing their functions and duties under this law. In
implementing the provisions of this law, the members of the Commission, Preliminary Scrutiny
Board, Investigation Board, working group, inspectors, staff of the Office of the Commission,and any person serving on behalf of the Commission, Preliminary Scrutiny Board, or*Director, Legislative Vetting Department, Union Attorney General’s Office, Myanmar.

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Investigation Board who performed their duties in good faith shall not be subject to civil action
or criminal action or any other offence. Notwithstanding any other existing law in respect of
corruption or enrichment by corruption, action shall only be taken under this law.
III. LAWS RELATING TO PREVENTING AND COMBATING CORRUPTION
Corruption is present in every field, in any form and manner. Therefore, Myanmar hasenacted various laws regarding corruption as follows:(a) The Penal Code(b) The Narcotic Drugs and Psychotropic Substances Law, 1993(c) The Mutual Legal Assistance Law, 2004(d) The Anti-Money Laundering Law, 2014(e) The Anti-Trafficking in Persons Law, 2004(f) The Extradition Law, 2017
IV. ROLE OF THE ANTI-CORRUPTION COMMISSION
In accordance with the Anti-Corruption Law, 2013, the President formed the AntiCorruption Commission with 12 members including the Chairman and Secretary, with theapproval of the Pyidaundsu Hluttaw on 23 November 2017, and the investigation officers fromthe Bureau of Special Investigation (BSI) were attached to the Commission to investigate
corruption offences. The Chairman of the Commission is stipulated as a Union Minister, and theSecretary and members of the Commission are stipulated as Deputy Union Ministers.
The main functions and duties of the Commission are: (a) forming the Preliminary Scrutiny
Board and the Investigation Board; (b) investigating corruption in respect of complaints to thePreliminary Scrutiny Board and the Investigation Board; (c) submitting the report of corruption
to the President, the Speaker of the Pyidaungsu Hluttaw, Pyithu Hluttaw or Amyotha Hluttaw;(d) accepting complaints and rejecting complaints if found that they are false, and taking action
against false complainants; (e) assigning the Investigation Board and Inspectors to enter, inspectand search any place or building, and seizing evidence in respect of corruption; (f) cooperatingwith international organizations, regional organizations and foreign countries in combating
corruption.
The main powers of the Commission are: (a) directing to seize any currency and property
derived from enrichment by corruption, or corruption as exhibits; (b) issuing orders prohibiting
the alteration, transfer, concealment, disguise, conversion, or transformation of currency andproperty during the investigation period; (c) when it is found that currency or property of any
competent authority has been obtained by enrichment by corruption according to the submissionof the Preliminary Scrutiny Board, issuing confiscation orders of the currency or property; (d)designating any notorious news of corruption as information. (“Notorious news” means the news
credibly believed by the Commission that any person is possibly involved in corruption.)
The Commission forms Preliminary Scrutiny Boards with the appropriate persons on a caseby-case basis for the purpose of scrutinizing corruption cases to determine whether there is- 92 -

credible evidence that the currency or property was obtained by enrichment by corruption, either
according to the report of investigation or other information.
According to the report of findings submitted by the Preliminary Scrutiny Board, the said
currencies and properties are:(a) obtained by corruption if clearly proved, in which case the Commission shall order theconfiscation of the said currency and property;(b) obtained by legal means if clearly proved by the competent authority, in which case theCommission shall return the currency and property to the suspect.
The Commission forms Investigation Boards led by any member of the Commission withappropriate citizens. When receiving information from the President or relevant Hluttaw Speaker,
complaints from aggrieved persons, or notorious news reports regarding corruption, theCommission instructs the Investigation Board to investigate the matter. The Investigation Board
shall submit the report of investigation to the Chairman of the Commission.
V. DISCRETION OF LAW ENFORCEMENT BODIESThe Union Attorney General’s Office (UAGO), Anti-Corruption Commission (ACC),
Bureau of Special Investigation (BSI) and other relevant law enforcement bodies exercise a wide
range of discretion in carrying out their duties. The ACC seeks legal advice from the UAGO
with regard to the prosecution of corruption cases and then files the cases in the competent court
for trial. And when the case is brought to the court, the law officers appear on behalf of the Stateas public prosecutors and file necessary appeals or revisions with the higher court if thejudgment or order of the court is not in conformity with the law.
VI. STATISTICS AND INFORMATIONThe Anti-Corruption Commission received 6,703 complaints from 24 November 2017 to 30
September 2018. Among them, there were 34 corruption offences. There were 1,216 complaints
related to executive issues, 1,119 related to land administration issues, 1,005 related to judiciaryissues, 2,845 related to departments and personal affairs issues, 11 revoked complaints, and 473
general complaints.
VII. PROSECUTION
According to the report of investigation by the Investigation Board or other credible
information, the Commission shall:(a) instruct the Head of the Investigation Board or Inspector General to sue any competentauthority that commits corruption in the High Court of the Region or State;(b) instruct the Head of the Investigation Board or Inspector General to sue any other person,
except the competent authority, who commits corruption in the relevant Court.

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In prosecuting any offence under this law, the Investigation Board or inspector shall obtain:(a) prior sanction issued by the Commission with the approval of the Union Government if
the accused is a person who has a political post;(b) prior sanction in accordance with the existing law if the accused is a Hluttaw
representative;(c) prior sanction issued by the Commission if the accused is not a person who has apolitical post or a Hluttaw representative.
VIII. OFFENCES AND PUNISHMENTS
Any person who possesses a political post and commits corruption shall, on conviction, bepunished with imprisonment for a term not exceeding 15 years and shall also be liable to fine.
Any other competent authority, except a person who possesses a political post, who commits
corruption shall, on conviction, be punished with imprisonment for a term not exceeding 10
years and shall also be liable to fine. Any other person, except a person who possesses a politicalpost or a competent authority, who commits corruption shall, on conviction, be punished withimprisonment for a term not exceeding 7 years and shall also be liable to fine. Whoever
instigates, attempts to commit, conspires to commit, manages or abets any offence under this law
shall be punished with the prescribed penalty for such offence.
IX. PREVENTIVE MEASURES AGAINST CORRUPTION IN MYANMAR
In order to prevent corruption, administrative actions are also effective in addition to the
judicial measures against corruption. The Fundamental Rules and Supplementary Rules prescribethat a government servant shall not accept directly or indirectly, on his or her own or on behalf ofany person, nor permit any member of his or her family to accept any gift, gratuity or reward.
The anti-corruption plan has been designed by the government, and arrangements have been
made by the respective departments and organizations. Monthly meetings have been held in
every office of the departments and organizations to keep warning government servants
regarding the anti-corruption plan of the government. A public servant who has been accused ofa criminal offence including corruption may be removed, suspended or reassigned depending on
the nature and seriousness of the outcome of the criminal investigation or prosecution. (88judicial officials and 50 employees from the Immigration and Population Department have beenpunished under the Civil Service Law.)
The Union Government has established a four-year (2018-2021) strategic plan for anticorruption reforms and initiatives to reduce the erosion of State funds and bring bribery andcorruption under control. The government’s plans are now in place to implement the strategicplan for anti-corruption and bribery. Regarding the private sector, the Myanmar Investment
Commission issued the Anti-Corruption Code of Ethics for companies and corporate bodies on 3
August 2018. According to Transparency International's Corruption Perception Index (CPI),
Myanmar was ranked 147th in 2015. In 2017, Myanmar was ranked 136th.

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X. INTERNATIONAL COOPERATION
Myanmar is a member of the Asia-Pacific Group on Anti-Money Laundering and theInteragency Network on Asset Recovery in Asia and the Pacific. Cash up to 10,000 US Dollars
can be brought into Myanmar, and beyond that it needs to be declared at a customs checkpoint.
Myanmar has signed an MoU on Cooperation for Preventing and Combating Corruption with
South East Asia Parties against Corruption (SEA-PAC) and the ASEAN Mutual Legal
Assistance in Criminal Matters Treaty (AMLAT).
In the Pate-Chin-Myaung Police Station, Narcotic Case FIR No. 2/2012, the Northern
Mandalay Drug Enforcement Force arrested Aung Ko Latt with 171,000 methamphetamine
tablets and took action against him and the owner of the drugs, Mar Du Lar, who lived in Kyal
Gong, China under the Narcotic Drugs and Psychotropic Substances Law. According to
Myanmar’s request to Thailand for arresting and extraditing Shwe Nu, Thailand arrested andextradited him to Myanmar.
XI. CORRUPTION CASES
A. Criminal Miscellaneous Case No. 7/2015 of the Bago Division High Court
The offender U Shwe, who was a Deputy District Judge from Taungoo District Court, wasdiscovered to have accepted a bribe from a client through a bank. The Investigation Board
examined the bank records and determined that it was true. He was prosecuted under section 56of the Anti-Corruption Law and section 512 of the Criminal Procedure Code because heabsconded. The Bago Region High Court took action against him with a proclamation andattachment of property in the Criminal Miscellaneous Case No. 7/2015.
B. Criminal Case No. 161/2017 of Zabuthiri Township Court (U Soe Thant vs. Khin
Maung Nyo, Section 57 of the Anti-Corruption Law)
The Commission found that the accused Khin Maung Nyo, who is a police second lieutenant,
took a bribe in the amount of 690,000 kyats from U Thet Htun Aung for his officer in charge ofthe police station and used his post for corruption. Then, U Soe Thant prosecuted Khin Maung
Nyo in court on behalf of the Commission. The court took action against him under section 57 of
the Anti-Corruption Law. In that case, some witnesses gave statements before thecommencement of the trial. According to the statements of witnesses in court, the judge decided
that Khin Maung Nyo committed corruption and sentenced him to two years’ imprisonment.
C. Criminal Case No. 5/2018 of the Yangon Region High Court (U Moe Naing vs. Chit KoKo) and Criminal Case No. 6/2018 of the Yangon Region High Court (U Moe Naing vs.
Thit Thit Khin and five other persons)
These cases arose from the same corrupt acts. They are unique cases because there were nocomplaints. These cases occurred based on notorious news reports in journals and the media. On
3 August 2018, the Anti-Corruption Commission issued an announcement regarding the Yangon
Eastern District Court criminal case no. 34/2018 under the Criminal Law, section 302 withcomplainant U Thant Zin Oo and three accused including Than Tun Aung at Tha Gyi on the
manslaughter of actor Aung Ye Htway. The announcement said the Yangon Eastern District- 95 -

Court had permitted the case to be withdrawn on 25 July 2018, causing news to spread injournals and the media of the possible involvement of corruption in the case being withdrawn.
The Anti-Corruption Commission held a meeting on 2 August 2018 to discuss the matter where
all Commission members came to a unanimous decision to consider the case as notorious and to
inform the Commission and confirm the case as a notorious case. The Commission formed theInvestigation Board to investigate the case. On 13 September, the Anti-Corruption Commission
opened the First Information Report on the Yangon Region Advocate General, Deputy District
Judge from the Yangon Eastern District Court, Yangon Region Law Officer, Yangon Eastern
District Law Officer, Yangon Eastern District Deputy Law Officer and Police Lieutenant of
Thuwunna Police Station at Thuwuna Police Station. The Anti-Corruption Commission said they
took bribes from U Khin Maung Lay, father of the suspect Than Htut Aung, in return for having
the case dismissed against the three suspects of killing Aung Ye Htwe, a comedian popular on
Facebook, on New Year’s Eve last year. On 25 September, the prosecutor filed against Chit Ko
Ko under section 56 of the Anti-Corruption Law at the Yangon Region High Court, and Thit Thit
Khin and five other persons under section 55/56 of the Anti- Corruption Law at the Yangon
Region High Court.
XII. CHALLENGES AND SOLUTIONS
Although the Government has taken measures to combat and prevent corruption, corruption
exists everywhere. One of the reasons is the country is poor and salaries are low. Thus,
corruption is widespread among public servants, and corruption has spread as a part of
Myanmar’s culture in the society. Corruption can be eradicated only when the integrity ofpeople is raised. It cannot be done solely by the Anti-Corruption Commission or a single
responsible organization. All people need to cooperate and coordinate in combating corruption.
Cooperation and education are playing key parts in fighting corruption.
XIII. CONCLUSION
Myanmar is making its best effort to combat corruption and is implementing various forms
of preventive measures against corruption, not only by criminal justice measures but also
administrative measures. The Commission is making many systematic modes, such as giving
educative lessons, improving morality and taking preventive measures across the country.
Moreover, Myanmar is always combating corruption in accordance with the objectives set forth
not only in domestic law but also in international instruments which Myanmar has ratified. Thus,
Myanmar is one of the countries actively engaging in the fight against corruption.

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