The Inter-Governmental Action Group against Money Laundering in West Africa (GIABA) has concluded a four day Regional Training Workshop on the Investigation and Prosecution of Corruption Cases.
The training workshop held in Niamey, Niger, from April 9 to April 12, 2018, had a total of 30 participants, comprising judges, prosecutors and investigators handling corruption cases in GIABA member States attended the workshop.
The objectives of the workshop were to sensitize the participants on international developments on the fight against corruption, particularly the United Nations Convention against Corruption (UNCAC), and best practice in fighting corruption. Also to enhance the skills and capacity of relevant officials in the criminal justice system to effectively investigate and prosecute corruption related cases and to provide a platform for participants to share experiences on the status of implementation of anti-corruption initiatives, including challenges in the investigation and prosecution of corruption in their countries; and promote cooperation and coordination among competent authorities in the region on issues relating to investigations and prosecution of AML/CFT cases. In his address, the Director General of GIABA, Kimelabalou Aba, noted participants that have the skills to efficiently and effectively investigate, prosecute and adjudicate corruption and corruption-related criminal offences would become abreast of international developments in the fight against corruption, particularly the UNCAC and best practices in fighting corruption.
He said their enhanced skills and capacities to effectively investigate and prosecute corruption related cases, share experiences on the status of implementation of anti-corruption initiatives, including challenges in the investigation and prosecution of corruption in their countries; as well as promote cooperation and coordination among competent authorities in the region on issues relating to investigations and prosecution of AML/CFT cases. The Director General reiterated that the fight against corruption rests on the strength of existing national capacities to carry out effective investigation and prosecution of corrupt practices. He noted that there had been low level implementation of the relevant instruments on corruption, particularly with regard to the investigation and prosecution for corruption, as well as confiscation and/or repatriation of the proceeds of corruption.
Kimelabalou Aba attributed lack of political will to prosecute certain cases; inadequate law enforcement infrastructure, personnel and ineffective training for available personnel; corruption among law enforcement and judicial personnel, and other forms of corruption; weaknesses and discrepancies in laws; inadequate (light) sentences for offenders in most member States; weak judicial systems; inadequate exchange of information with source and destination countries; mistrust in information management/poor information management; and poor coordination at the domestic and international level in dealing with mutual legal assistance in criminal matters to the current state of affairs.
In a Communiqué issued at the end of the programme, the participants recommended that GIABA member States should:
Domesticate and integrate the requirements of the Merida and Palermo Conventions in their national legislations and ensure that laws are updated, and they must ensure investigation and prosecution authorities conduct parallel financial (money laundering) investigations in all corruption matters.
Also, member states must enhance national coordination among stakeholder agencies to strengthen the fight against corruption and money laundering, and to promote the specialisation of investigation and prosecution authorities in the fight against corruption and money laundering.
The communiqué went on saying member states must provide investigative and prosecutorial structures with substantial budgetary resources to ensure an effective fight against corruption and money laundering and to improve international cooperation among member States that will enhance the investigation and prosecution of money laundering and corruption cases in the sub-region, including through entering into bilateral and multilateral MOUs.
Also they should promote informal cooperation and exchange of information during investigation as well as explore the possibility of sharing information informally and on a timely basis before transmitting the formal report.
Member States must emphasize the principle of reciprocity to enable them to assist one another in the investigation and prosecution of economic and financial crimes including corruption cases; and they must enact laws to criminalise the bribery of foreign public officials and bribery in the private sector and ensure successful investigation and prosecution of all perpetrators of such offences.
Members States must remove immunities from all government leaders and officials, including but not limited to Presidents of GIABA member States, Governors, Legislators and Judicial Officers to ensure equality before the Law and they must enact comprehensive legislation to protect witnesses and whistle blowers as they invest in training of stakeholders for effective engagement. Finally they must improve synergy among member States for the effective investigation and prosecution of money laundering and corruption cases.
19/4/18
By Austin Thomas
Monday April 23, 2018.
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