What does the reorganization of the Anti-Corruption Commission promise?

Before the Anti-Corruption Commission of the Republic of Azerbaijan, on March 3, 2004, the Commission on Combating Corruption under the Civil Service Management Council of the Republic of Azerbaijan was established.[1]  The Anti-Corruption Commission of the Republic of Azerbaijan is set up according to the article 4.2 of the Law of the Republic of Azerbaijan on "Fight Against Corruption" and functions as a specialized agency on combating corruption since 2005. This Commission has been operating under the name of the Commission on Combating Corruption of the Republic of Azerbaijan since October 1, 2007.[2]

The Commission performs the functions of a specialized body in the field of prevention of corruption, and its powers are determined by the Regulation[3] approved by the Law of the Republic of Azerbaijan dated May 3, 2005. According to Article 3 of the Regulation, the Commission is organized and operates in a composition of 15 members. 5 members of the commission are appointed by the President, 5 members by the Milli Majlis, and 5 members by the Constitutional Court.

If we look at the world experience[4], we see that the first anti-corruption commission was established in 1952 in Singapore, followed by Malaysia and Hong Kong. Currently, there are about 150 such agencies in the world, and Asia is considered the "cradle" of anti-corruption agencies. The experience of developed countries shows that Anti-Corruption Commissions (ACCs) are formed through a broad political consensus, their decisions are accepted by the majority of interested parties and are seen as the final response to corruption.

Such commissions are independent in terms of funding and operation and can be a powerful weapon in the fight against corruption. However, ACCs need the support of the government, the judiciary, and law enforcement agencies.

In the world practice[5], such ACCs are organized in 4 models:

1.The Universal Model that gives the ACC investigative, preventative, and communications military officers who posed a threat to him.”

2. The Investigative Model, a small, centralized organization with a focus on its investigative capacity, accountable to the Executive;

3. The Parliamentary Model, an organization independent from the executive and judicial branches, answerable to parliament; and,

4. The Multi-Agency Model, which “includes a number of offices that are individually distinct, but together weave a web of agencies to fight corruption.

It seems that the Azerbaijani commission on combating corruption was established on the basis of the Multi-Agency Model. This model provides equal representation between the executive, legislature, and judiciary.

The main tasks of the ACC established in Azerbaijan include participation in the formation of state policy in the field of combating corruption, coordinating the activities of government agencies and other agencies in this field, analyzing the state and effectiveness of combating corruption, monitoring the implementation of state programs on combating corruption, and other issues.

According to the Regulation, the ACC prepares an annual report on its activities and submits it to the President of the Republic of Azerbaijan, the Milli Majlis of the Republic of Azerbaijan, and the Constitutional Court of the Republic of Azerbaijan. I would like to note with regret that none of these reports has been posted on the Commission's website[6].

Although the commission was headed by Ramiz Mehdiyev, the former head of the Presidential Administration of the Republic of Azerbaijan, until September 15, 2020, its current work was carried out by the Secretariat. Although the chairman did not change during this period, the secretaries did. Such that the current Minister of Agriculture, Iman Karimov, was the first secretary, the current head of the State Migration Service, Vusal Huseynov, was the next secretary, and a member of the Milli Majlis, Kamal Jafarov, was the last secretary of the commission until the change of chairman.

On September 15, 2020, a new chairman of the ACC was elected and a new secretary was appointed. Such that the head of the Presidential Administration of the Republic of Azerbaijan, Samir Nuriyev, was elected the second chairman of the commission, and Ramin Valizadeh was appointed as the secretary of the commission. Earlier, a decree[7] was signed to amend Order No. 196 dated April 21, 2004, on the appointment of members of the Commission on Combating Corruption of the Republic of Azerbaijan. According to the decree, the composition of the commission was renewed with the head of the Presidential Administration, the Assistant to the President for Work with Law Enforcement Bodies and Military Affairs - the head of the department, the head of the Department of Legislation and Legal Expertise of the Presidential Administration, the new Minister of Internal Affairs, and the head of the State Security Service.

Despite these changes, the formation of the composition of the ACC was still based on the previous principles. In fact, the commission's greatest contribution to the fight against corruption had to be related to public scrutiny or investigation. The commission performing this function could be composed of representatives of public organizations, along with representatives of the central executive power, parliament, and the judiciary. In this case, along with the current staff, it would include members of the public, including representatives of NGOs and the media. If, in addition to the recent personnel changes, several seats in the commission on combating corruption were allocated to genuine civil society institutions, it could be considered a qualitative change. In the current situation, it does not seem convincing that anything will change with these personnel changes. Because the progressive experience of civilized countries shows that the effective and efficient operation of ACCs depends, first of all, on the precise and clear definition of the tasks facing it. At the same time, in order to carry out these tasks, the ACC must have the appropriate powers to give information, conduct investigations, and deal with corruption chase.

Second, in order to ensure the sustainability of the ACC, it must be provided with a legal basis with a constitutional or special legal status.

Third, the head of the ACC must be a neutral person. The head of the ACC must be distinguished with his/her independent, impartial, honest, non-political position and competence. The head of the ACC should be appointed for a term that ensures his/her immunity and should only hold this position. At the same time, the head of the ACC may be dismissed during his term of office in accordance with the procedure established by law.

Finally, high standards of ethical conduct should be established for ACC staff, its head and all members should fill out financial and property status declarations and periodically make statements, at least once a year.

Gubad Ibadoglu

[1] http://commission-anticorruption.gov.az/view.php?lang=az&menu=45

[2] http://www.e-qanun.az/framework/13872

[3] http://www.e-qanun.az/framework/9912

[4] https://www.transparency.org/en/news/fighting-corruption-the-role-of-the-anti-corruption-commission#

[5] https://www.forest-trends.org/wp-content/uploads/imported/3-anti-corruption-commissions-pdf.pdf

[6] http://commission-anticorruption.gov.az/

[7] https://www.e-huquq.az/az/news/serencam_ferman/4236.html