The Role of the Central Office of Corruption Repression.
Prepared by Mr. Kamel BOUZEBOUDJA director of studies in the Office.
The study of the role assigned to the central office of corruption repression, initially called to mark a breakpoint about definition of corruption and then know the environment in which the office was created as an organ specialized in the fight against corruption.
Corruption is not new, but it was known since ancient times. Its roots have deepened and its forms multiplied with devastating effects in many communities to the point where its eradication had become a target of celestial messages and one of the righteous missions. The Qur'an brought several verses banishing corruption on earth.
God the Merciful says in Surah Ash-Shu’araa ::” And do not deprive people of their due and do not commit abuse on earth, spreading corruption” verse( 183 ).And in Surah AL-Baqara: ” And when he goes away, he strives throughout the land to cause corruption therein and destroy crops and animals. And Allah does not like corruption” verse ( 205 ).
Corruption has accompanied human being throughout its long history in various forms causing damage to the majority of communities before becoming in our time a global phenomenon that raises concerns and fears among governments and people of the world. Corruption increasing its damage in the context of market policies, the liberation of economy and the acceleration of developments.
As a term, corruption usually refers to cases of violation of integrity principle and appropriate money illegally.
The Oxford English Dictionary defines corruption as "a perversion or destruction of integrity in the exercise of public functions through corruption and favoritism."
According to the observatory of the United Nations against corruption published in 2001, corruption means "the abuse of public power for personal purposes and to damage the public interest."
From the viewpoint of the Algerian legislator and with absence of definition to corruption, recourse to the interpretation of provisions of law no. 06-01 of 20 February 2006 related to prevention and fight against corruption, suggests that the concept of corruption includes doubtful commissions and other behaviors by which persons in charge of public or private functions have recourse to violations of their obligations under their status as public officials to obtain illegal benefits, whatever its nature, in their personal or others interest.
Taking into account the evolution of the concept of corruption and its impacts and threats to many states, it has become necessary to take special preventive and repressive measures against this phenomenon, such as the view of the Algerian legislator after the adhesion of Algeria to the United Nations Convention against corruption (adopted in December 9, 2003 and ratified by Algeria by presidential decree no. 04-128 dated 19 April 2004 and entered into force on December 4, 2005 ), by promulgation of a special law for corruption prevention and repression and priori creation, of a national organism charged essentially to prevention corruption which is the National Body for Prevention and Control against Corruption before establishing subsequently, a central organism with repressive character which is the Central Office of Corruption Repression.
This brief study about the role of the Office, focus initially on the environment that surrounded its creation and, secondly on legal tools that allow to play the role assigned to it in the field of fight against corruption.
1/ Circumstances of creation the Central Office of corruption Repression:
The danger of corruption and its links with organized crime.
Corruption poses several dangers to the stability of communities and undermines economic institutions and financial systems. Its impact is detrimental to moral values, justice, equity and the supremacy of law, where instability and reduction in plans for sustainable development.
The threat of corruption is not perceived only as an activity that produces an reprehensible benefit, but the real threat appears first, as a form of organized crime in connection with smuggling, drug trafficking and funds laundering of criminal origin. Secondly, corruption is no longer an internal matter being confronted by laws and limited mechanisms, but it has imposed itself as a transnational phenomenon that affects all societies and economic systems plans, regional and International, which makes call for international cooperation to deal with it, an issue more than necessary.
Corruption has become a threat to the political and social stability and prosperity. Wolfowitz former president of the World Bank (from 01 June 2005 to 17 May 2007)), said on this subject that corruption was the main cause behind the failure of governments, and became one of the greatest threats to development in many countries of the world, weakens fundamental systems, distorts markets and encourages people to use their competencies and energies in non- productive way.
It is noted that Algeria has devoted significant attention since the promulgation of the Criminal Code in 1966 to respond to corruption offenses in its various forms, such as corruption, embezzlement and concussion. Thus, the Algerian legislator has provided for the penalizing the embezzlement and concussion in articles 119, 119 Bis and 121 to 125 and corruption in articles 126 to 130, repealed provisions and reversals in the law 06-01 of February 20, 2006, amended and completed, relating to prevention and fight against corruption.
Within this context, the State has worked for the creation of bodies charged to control and fight against this scourge, and set up the National Observatory of Corruption Supervision and Prevention by presidential decree no. 96- 233 of 02/07/96.
Prevention and fight against corruption find their foundation essentially in article 21 of 1996 Algerian constitution amended by law no. 08-19 of 15 November 2008 setting constitutional revision which stipulates: "The functions in service of the state institutions cannot be constitute as a source of enrichment or a means to serve private interests.»
The willingness of the state against corruption has been strengthen by the amendment of that provision in the constitutional revision of February 7, 2016, which has added to the superior functions of the state, parliamentary and local mandates and appointments at assemblies and national institutions, with the obligation for the holders of these functions and these mandates to subscribe a declaration of assets at the beginning and at the end of the function or mandate.
Faced to the economic changes that knew Algeria during the 90s, associated with security conditions that awaited political and social stability of the country, corruption gained momentum and grave dimensions with regional and international extension, constituting a real danger not only on economy and development, but will be classified among the new threats to national security.
Adhesion of Algeria to the efforts of the international community against corruption:
The fight against corruption has attracted recently the interest of international and regional organizations after confirming the link between corruption, organized crime and security problems whose contemporary communities suffered from.
Among the most important international and regional efforts against corruption we cited :
1/ The Convention of the United Nations against Transnational Organized Crime adopted by the General Assembly of the United Nations on 15 November 2000, entered into force on 29 September 2003 and ratified by presidential decree no. 02-55 of 05/02/2002.(This convention considers corruption as a form of transnational organized crime, article 8).
2/ The Convention of the United Nations against Corruption adopted by the General Assembly of the United Nations of October 31, 2003 , entry into force on December 4, 2005 ratified by presidential decree no. 04-128 of 19/04/2004.
3/ The Convention of the African Union to prevent and fight against corruption adopted by the 2nd ordinary session of the African Union conference in Maputo on 11 July 2003, entered into force August 5, 2006 and ratified by presidential decree n° 06-137 of 10/04/2006.
4 / The Arab Convention against corruption adopted in Cairo December 21, 2010 ratified by presidential decree no 14-249 of September 8, 2014.
To respond of new security threats and align the efforts of the international community against all forms of organized crime, Algeria has adhered to United Nations conventions against transnational organized crime and corruption, which recommend member states to criminalize in their national legislations, acts of corruption and organized crimes.
Promulgation of Law no. 06-01 relating to the prevention and fight against corruption:
- Creation of the Central Office of Corruption Repression:
Respecting of its international commitments and implementation provisions of the two conventions of the United Nations, Algeria adopted a special law against corruption, it is the law no. 06-01 of 20 February 2006 relating to the prevention and the fight against corruption, amended and completed, which has created in its article 17, the National Body for prevention and fight against corruption.
In the interests of the higher authorities to give new momentum to the fight against corruption, the president of the republic issued a presidential instruction no. 03 of 13 December 2009 relating to relaunch the fight against this scourge, who insisted on strengthening means and legal operational mechanisms to deal with it.
In application of this instruction, law no. 06-01, has been changed by ordinance no. 10-05 of 26 August 2010, which created in its article 24 Bis, the central office of corruption repression, charged to research and investigations in the fight against corruption offenses and related offenses, with territorial jurisdiction extended over the entire national territory.
- Composition and Organization of the Office:
The composition and organization of the office, find their foundation in presidential decree no. 11-426 of 8 December 2011 fixed the composition, organization and methods of operation of the central office of corruption repression, amended by presidential decree no. 14-209 of July 23, 2014.
The office is under the supervision of the Minister of Justice, by virtue of presidential decree no. 14-209 of 23 July 2014. It is autonomous in terms of activities and management.
Except administrative and technical support personnel, the Central Office of corruption repression is composed of officers and judicial police agents, placed at the disposal of the Office by services of the Ministry of National Defense , the Ministry of Interior and Local Communities, and public employees provided capabilities and proven expertise in the fight against corruption.
In organizational terms, the Office is directed by a director general appointed by presidential decree and includes a Cabinet of director general in charge of animating and managing the activity of various structures of the office assisted by five directorates of studies.
The office also includes two central directorates in charge, of general administration and investigations.
The directorate of investigations has three sub-directorates, as follows:
- Sub-directorate of research and analysis.
- Sub-directorate of the judicial inquiries.
- Sub-directorate of cooperation and coordination.
2/ The Role of the Central Office of Corruption Repression:
The natural legal of the Central Office of corruption repression:
The office is a central operational service of juridical police as provided in article 2 of presidential decree no. 11-426 of 8 December 2011, created to strengthen the tools of the fight against corruption and all forms of undermining national economy and public finance. Thus, the office is provided for the following missions:
To conduct investigations and inquiries into corruption offenses and any other related offense and bringing perpetrators before the competent jurisdictions. (article 5 of presidential decree no. 11-426 of 8 December 2011, aroused).
By the way, officers and agents of judicial police falling within the Office can under the direction of competent Republic Prosecutor, resort to all legal means provided by legislation into force (search, seizure, auditions of defendants, arrested, execution Letters rogatory etc.) (Art. 20 section 1 of presidential decree no. 11-426 of 8 December 2011), are ordinary means or special character. They can act alone in the inquiries or coordinate their operations with other services of judicial police.
The Office may also, in case of necessity, request assistance of judicial police officers and agents from other services (Article 20 paragraph 02 of presidential decree no. 11-426 of 8 December 2011, aroused).
Coordination and mutual assistance between judicial police of the office and the judicial police of other services, allows bringing more efficiency to the fight against corruption particular if the investigation is surrounded by dangerous circumstances or because of its sensitivity and taking into account the case of extension of the territorial competence.
The Office intervention field:
In addition to its extended territorial competency throughout the national territory, the central office of corruption repression is empowered to investigate all corruption offenses provided by law no. 06-01 of 20 February 2006 relating to prevention and fight against corruption, amended and completed, and about all other related offenses when it is necessary.
This law limited the facts which constitute the material element of corruption offenses in articles 25 to 47, as follows:
- Bribery of public officials, Art.25.
- The unjustified advantages in Public procurements, Art.26.
- Corruption in public procurements, Art.27.
- Bribery of foreign public officials and employees of public international organizations, Art.28.
- Subtraction or illegal use of property by a public official, Art.29.
- Concussion, Art.30.
- Exonerations and illegal franchises, Art.31.
- Influence peddling, Art.32.
- The abuse of function, Art.33.
- Conflict of interest, Art.34.
- The illegal taking interest, Art.35.
- Default or false declaration of assets, Art.36.
- The illicit enrichment Art.37.
- Accepting gifts or undue advantages, Art.38.
- The occult financing of political parties, Art.39.
- Bribery in private sector, Art.40.
- Embezzlement of property in the private sector, Art.41.
- The laundering of crime proceeds, Art.42.
- Concealment, Art.43.
-Obstruction of justice, Art.44.
- Vengeance, intimidation or threats against witnesses, experts, enunciators and victims, Art.45.
-The Abusive denunciation, Art.46.
- The non-denunciation offenses, Art.47.
The Office may also by virtue of article 22 of presidential decree no. 11-426, aroused, and after notifying a competent republic prosecutor, recommend to the hierarchical authority any administrative protective measure counter to one of its agents when questioned for corruption facts.
Thus, it should be noted that Algeria, by implementation of its international commitments and in the interest of the fight against corruption, which is among the new threats to national security, has opted for strengthening mechanisms to fight against corruption, and consequently creates new bodies, including the central office of corruption repression, specializing in investigations and inquiries of corruption affairs and reinforces the intervention of other services in this domain.