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CIABOC's trying best to arrest bribery, corruption

by E. Weerapperuma

The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) awaits legal opinion for further action in respect of the complaints received against the former Media, Post and Telecommunication Minister Mangala Samaraweera.

The Director-General with his recommendation had referred the file for legal opinion. Once he gets back, he will then refer the file to the Commission", said retired Senior Deputy Inspector General of Police - Dr. Kingsley Wickremasuriya, one of the Commissioners of the CIABOC on Thursday addressing a media conference held at the Commissioner's Office in Colombo, to release the Commission's annual report for the year 2000.

CIABOC Chairman S. Anandacoomaraswamy LLM, retired Judge of the Supreme Court accopmanied by Commissioner T.N. Abeyawira, retired Judge of the Appeal Court told the media that it was for the first time that the Commission was releasing an annual report. "Our next annual report for the year 2001 will be more comprehensive", he said.

Addressing the media Dr. Wickremasuriya said that they need the public support to curb the rising offences related to bribery and corruption. "The public should not give bribe to get something done from the public officers.

It is their right to get the services of the public officers. They should not encourage such things because it is against the law. We appeal to the public to refrain from entertaining the public officers, to get things done with money, or in kind or services to please the officers. It is also vital that they report and support the commission to investigate.

The commission cannot investigate into anonymous complaints. If the complaints were against corruption, they could be dealt by the Commission even if they were sent anonymously, provided they are coupled with the required information that would hold the Commission to file action and argue before courts. But in the case of bribery, the complainant has to come personally", he said.

He also said that some have the wrong notion that the recommendations made by the Director-General was binding on the Commission. This is not so. The decision of the Commissioners are final. "We are not bound to proceed on the recommendation of the Director-General. In fact in several instances we have rejected the recommendations made by him", he pointed out. Referring to the allegation brought against a former Minister he said that the Commission was unable to go on with the investigations as the complainant had asked for dates, five times to appear before the Commission to make a statement and the Commission had to write 30 times to get several others to call for their evidence in respect of this particular case.

Dr. Wickremasuriya who told the media that bribery and corruption were `rampant' in the country, also observed that due to lack of qualified and experienced officers, the Commission was unable to act swiftly to carry out investigations.

Police officers come under the authority of the Inspector General of Police. He is vested with the powers to transfer out officers from the Commission. "I think, in one of the discussions the President had with the Commission, when this matter was raised it was recorded in the minutes that the IGP in consultation with the Commission should carry out the transfers of the officers attached to the Commission. But I wonder whether the present IGP is aware of it", he said. He further said that with all shortcomings and meagre resources the Commission was now moving ahead establishing public confidence in the Commission, slowly but steadily. "We are confident that given time, resources and more public cooperation, the Commission will be able to make the required impact on the current trends in practices of bribery and corruption in the country", he added.

Bribery was an offence punishable under the PAccording to the CIABOC Annual Report 2000, the Commission has filed seven cases in the Magistrates' Courts and five in the High Court during the year 2000. There were 51 cases in the Magistrates' Courts, 69 in High Court, 07 in Appellate Court (High Court, Court of Appeal and Supreme Court) were pending by December 31, 2000.

The Commission has also referred 1135 cases for legal opinion and reported 935 cases during the said period. From the 88 files referred after completion of investigations for legal opinion only 12 prosecution were launched. There are 64 reports to be submitted and 12 cases not ending in prosecution.

The Commission has 624 files and from these 550 pending investigations and in respect of 74 files investigations have been completed during the said period.

Affno

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