Student political groups and violence
18. Corruption
The main text of this COI Report contains the most up to date publicly available information as at 31 July 2013. 83
from the date of their appointment. While the commissioners function on full time basis loses eligibility for reappointment on expiry of the term in their office.‘ 246
18.05 The US State Department Country Report on Human Rights 2012 (USSD 2012), released on 19 April 2013, stated that:
‗The ACC is the government agency charged with fighting corruption. A 2010 World Bank report stated the government undermined the ACC‘s work and hampered the prosecution of corruption. The report stated that the government filed far fewer
corruption cases than had the previous caretaker government and that a government commission recommended that the ACC drop thousands of corruption cases. Some in civil society stated that the government was not serious about fighting corruption and that the ACC was used for politically motivated prosecutions. Transparency
International Bangladesh asserted that political interference in the ACC‘s operations had rendered it a ―toothless tiger.‖‘ 247
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High-profile arrests on corruption and other charges
18.06 The USSD 2011 stated that:
‗At a news conference on September 13, ACC Director General Farrukh Ahmed announced that the ACC had launched action against all 448 persons who were exempted by the caretaker government‘s Truth and Accountability Commission (TAC) for confessing their involvement in corruption and surrendering their ill-gotten wealth.
The ACC decision to launch action against those who received TAC amnesty followed a high court order declaring the TAC illegal and its decisions void.‘ 248
See Section 11: The Truth commission
18.07 The US State Department Country Report on Human Rights 2012 (USSD 2012), released on 19 April 2013, noted:
‗The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Human rights groups, the media, the Anticorruption Commission (ACC), and other institutions reported government corruption during the year. Officials frequently engaged in corrupt practices with impunity. The laws do not require elected or appointed officials to disclose their income and assets. The AL promised in its election manifesto that ministers and members of parliament would disclose their assets, but they did not.‘ 249
18.08 The USSD 2012 continued:
246 The Anti-Corruption Commission, Bangladesh, About us, undated. http://www.acc.org.bd// Accessed 27 July 2012
247 US State Department, 2012 Country Reports on Human Rights Practices: Bangladesh, 19 April 2013. (Section 4) http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2012&dlid=204395 Accessed 23 May 2013
248 US State Department, 2011 Country Report on Human Rights Practices: Bangladesh, 24 May 2012 (Section 4) http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?dlid=186459
Accessed 28 May 2012
249 Ibid
‗On June 29, the World Bank canceled its $1.2 billion Padma Bridge loan citing the government‘s failure to take specific measures that the bank required following the emergence in late 2011 of corruption allegations involving senior government officials.
… The ACC determined there was sufficient evidence to investigate the role of seven senior officials; it subsequently filed formal charges against six and arrested two but at year‘s end had not opened an investigation of the former communications minister.
‗In another case, then railway minister Suranjit Sengupta was allegedly involved in bribe taking. Sengupta‘s assistant private secretary, Omar Faruq Talukder, and two other ministry officials were caught with 7.4 million taka (approximately $91,000) cash in their car. Sengupta‘s driver, Ali Azam, claimed the officials were taking the money to
Sengupta‘s home as part of his share of a bribery deal involving appointments to the ministry. … Sengupta maintained his innocence but submitted his resignation on April 16. The prime minister retained him as a minister without a portfolio. An inquiry by the Railway Ministry found Sengupta innocent, and the ACC refused to take action against him, stating that the driver later claimed ownership of the money. Azam continued to claim in private interviews that the money was intended for Sengupta. ACC chair Golam Rahman refused to take Azam‘s statement. A review committee headed by the state minister for law, justice, and parliamentary affairs recommended the withdrawal of politically motivated cases that the government and ACC filed prior to 2009. The committee recommended the withdrawal of approximately 1,817 cases, filed mostly against AL leaders, including all the cases filed against Sheikh Hasina. Other cases recommended for withdrawal included one case against BNP leader Khaleda Zia's son, Tarique Rahman; one against BNP leader and former law minister Moudud Ahmed; and one against Jatiya Party secretary general Ruhul Amin Howlader. Ahmed refused the government's offer to withdraw all cases against him and demanded the withdrawal of all politically motivated cases against BNP leaders, including Khaleda Zia and her sons.‘
250
18.09 The USSD 2012 continued, ‗The government took steps to address widespread police corruption. The inspector general of police continued to implement a new strategy, partially funded by international donors, for training police, addressing corruption, and creating a more responsive police force. No assessment of its impact on corruption within the police force was available.
‗The judiciary was subject to political pressure from the government, and cases involving opposition leaders often proceeded in an irregular fashion. In several cases the appellate division overturned decisions granting bail to high-level corruption suspects who were leaders of opposition parties.‘ 251
18.10 The USSD 2012 reported that:
‗The law provides for public access to government information, but in practice it was not fully effective. The Information Commission is responsible for implementing the law. The law lists a few exceptions (due to national security) and establishes nominal processing fees. The commission has the authority to issue summons if the relevant individuals do not comply with a request for information and to compel such individuals to give oral or written evidence under oath. Observers noted that the government filed few cases
250 US State Department, 2011 Country Report on Human Rights Practices: Bangladesh, 24 May 2012 (Section 4) http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?dlid=186459
Accessed 28 May 2012
251 US State Department, 2012 Country Reports on Human Rights Practices: Bangladesh, 19 April 2013. (Section 4) http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2012&dlid=204395 Accessed 23 May 2013
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during the year due to limited understanding of the law and limited capacity to file and pursue requests for information. The commission conducted public outreach and training of public officials to encourage effective use of the law.‘ 252
See Section 8: Security Forces: Accountability and impunity Section 11: Corruption in the Judiciary and Section 32: Forged and fraudulently obtained documents
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