ANALYSIS OF THE MAIN ACTIVITIES AND RESULTS OBTAINED IN 2011

Transcription

1 ROMANIA MINISTRY OF ADMINISTRATION AND INTERIOR ANTI-CORRUPTION GENERAL DIRECTORATE ANALYSIS OF THE MAIN ACTIVITIES AND RESULTS OBTAINED IN INTRODUCTION In 2011 supplementary efforts were made in order to achieve an integrity oriented environment within the personnel of the Ministry of Administration and Interior, both through preventive and repressive measures. In the field of countering corruption ample activities were conducted under the coordination of the Prosecutor s Offices. The pro-active approach aimed at informing/preventive trainings targeting the MoAI structures identified as vulnerable to corruption. Also, specific actions were carried out, based on the cooperation documents concluded with partners, such as public administration structures, educational centers and other. 2. PLANNING INSTITUTIONAL POLICIES Attention was paid to adopting and implementing new working instruments, such as: The Strategy for preventing and countering corruption within the Ministry of Administration and Interior Pagina 1 din 29

2 The Action Plan of the Anti-corruption General Directorate for The Strategy for institutional development of AGD for The MoAI Strategic Plan in the field of Preventing and countering corruption, internal protection and audit for The Governing Program ORGANIZATIONAL AND STRUCTURAL ADJUSTMENTS The Order of the Minister of Administration and Interior No. 527/ was implemented, with regards to the financing the units for Public Order and National Safety. At central level, the components were reduced to the minimum. At territorial level 19 Anti-corruption Services; 23 Anti-corruption Offices. The adjustments were conducted based on the analysis of the operative situation, in order not to diminish the operational capacity of our judiciary police. 4. OPERATIONAL MANAGEMENT 4.1. INVESTIGATIONS In 2011 a Procedure was elaborated, with regards to shifting investigative documents and information to passive evidence. Officers were appointed with guiding, supporting and coordination attributions, in order to optimize professional communication. Joint activities, between the Anti-corruption General Directorate and the Directorate for Intelligence and Internal Protection were conducted, in order to prevent and counter tax evasion and tobacco smuggling, as provided by the Decision of the Supreme Council fro State Defense No.69/2010. Pagina 2 din 29

3 In order to acknowledge and manage the operative situation within the areas identified as prone to corruption, Action Plans were elaborated, for all sectors of activity. Concrete activities were conducted with: The Center for Countering Economic Crimes and Corruption, from the Republic of Moldova; The Inspectorate Directorate from Bulgaria. An Action Plan was elaborated and approved, with the General Intelligence Directorate for Defense and the Directorate for Preventing and Countering Corruption and Fraud, both from the Ministry of National Defense. Concrete documenting activities with the Directorate for Preventing Criminality and Terrorism within the National Administration of Penitentiaries 4.2. UNDERCOVER INVESTIGATIONS The activities which requested undercover investigators, within 57 criminal files, were conducted in compliance with the legal framework. Out of the significant cases instrumented by AGD we mention the ample activities conducted at the non EU border, in February 2011 and those within Prahova, Argeş, Teleorman, Arad, Mehedinţi and Bucharest territorial Anti-corruption units of AGD. We also mention that undercover investigations were used within the extensive cases developed with the National Anti-corruption Directorate, as well as in those worked together with the Prosecutor s Offices attached to the Courts of Appeal. (examples of such cases are presented in annex 1) CRIMINAL INVESTIGATIONS The year 2011 began with the ample actions conducted within the non EU border, by AGD s judiciary police, in collaboration with the Romanian Intelligence Pagina 3 din 29

4 Service and other MoAI forces (Romanian Police, Romanian Gendarmerie, Border Police, the General Aviation Inspectorate, the Logistic General Directorate, the IT and Communication Directorate), under the coordination of the National Anti-corruption Directorate. The surveillance and gathering of intelligence and evidence were initiated on mid 2010 and in February 2011 it was decided to initiate three ample activities within the Border Crossing Points. The actions could not be initiated simultaneously, as the resources needed were extensive and the locations were not neighboring. 1. On the activities were initiated at Siret BCP, in Suceava County, in the criminal file No.316/P/2010. AGD judiciary police conducted 62 searches and 62 bringing warrants. 62 persons were charged, 57 border police employees and 4 customs employees from Siret BCP. 2. On , at Naidăş, Moraviţa, Foeni and Deta BCPs (criminal files 257/P/2010 and 269/P/2010) AGD judiciary police officers conducted 102 searches and applied 85 bringing warrants. 105 persons were charged, 93 border police employees, 38 customs employees and 17 suspects involved in cigarettes smuggling. 3. On , at Albiţa BCP, within the criminal file No. 386/P/2010, 53 search and bringing warrants were applied, with regards to 5 senior officers and 48 border police agents. (the actions at the non EU border are presented as Annex 2). Criminal investigations were conducted and the afferent documents and criminal files were forwarded to the Prosecutor s Offices with regards to criminal files and documents (+25% compared to 2010) following AGD s self notice Pagina 4 din 29

5 1.227 received from Prosecutor s Offices. The initiation of criminal pursuit was ordered in 487 criminal files (+6%) 83 at the National Anti-corruption Directorate 404 at units of the Prosecutor s Office attached to the High Court of Cassation and Justice. Files in which criminal pursuit was ordered between The case prosecutors issued indictments in 316 criminal files (+21%) and ordered administrative sanctions according to article 181 from the Criminal Code in 104 files (+86%). Indictments issued in the files forwarded to the Prosecutor's Offices On the occasion of the procedural activities, investigations were conducted with regards to persons (+39%), out of which MoAI workers (+40%). Investigations conducted between Persoane cercetate Personal MAI cercetat Pagina 5 din 29

6 Out of the persons accused (+30%), 533 came from the MoAI (+42%), 50 in leading positions and 483 in execution positions Persons accused between Accused persons Accused MOAI personnel persons were sent to Court (+60%), out of which 399 MoAI employees (+88%) - 33 in leading positions in execution positions Persons sent to Court between Persoane inculpate Personal MAI inculpat The number of persons put under preventive arrest doubled (+265 % MoAI employees arrested). Persons under preventive arrest Persoane arestate Personal MAI arestat Pagina 6 din 29

7 An analysis of the statistics on the involvement of MoAI employees in corruption deeds was conducted, reported to the overall number of employees. It resulted a 0,39% rate of MoAI employees accused and a 0,29% rate of MoAI employees sent to Court. AGD judiciary police officers received delegations to conduct criminal investigation procedures (+36% compared to 2010): from the National Anti-corruption Directorate from the Prosecutor s Office attached to the High Court of Cassation and Justice. (significant cases are presented as Annex 3). Dismantled criminal groups Having in view AGD s professional expertise, in 2011 we documented complex cases and we organized ample activities, in order to dismantle organized groups which included MoAI employees. Evidence was gathered on the criminal activity of 63 organized crime groups, comprising 737 persons, out of which 273 were MoAI employees. The accusations were with regards to corruption in connection with tobacco smuggling, tax evasion, fuel thefts, vehicle thefts, illegal vehicle registration, fraudulent issue of driving licenses. Dismantled criminal groups Pagina 7 din 29

8 Countering corruption in connection with tax evaion and smuggling: AGD conducted a significant number of activities with regards to countering corruption in connection with tax evasion and smuggling, as provided by the Decision of the Supreme Council for the State Defense. With regards to tax evasion, in 2011, 75 criminal files were initiated. Out of the previously registered files, 93 were solved and along the investigations 316 persons were accused, 163 of them within MoAI. Also, 291 persons were sent to Court (167 MoAI employees). Detention was ordered against 168 persons, and 128 persons were arrested. 94 persons were forbidden to leave the locality or the country. The case prosecutors issued 18 indictments, 7 by the National Anti-corruption Directorte and 11 by the territorial units of the Prosecutor s Office attached to the High Court of Cassation and Justice The value of the seized goods was of lei and euro and the value of the goods put under freezing measures was of lei and euro. We mention some of the goods put under freezing measures, as they were the proceeds of criminal activities: 20 kg. tobacco; liters Dilusol a product which contains 91% alcohol; liters alcohol; 206 liters of refined alcohol, 351 liters of sanitary alcohol and 450 liters of technical alcohol; A botteling machine; A Walther pistol and a rifle; 5 vehicles. Pagina 8 din 29

9 With regards to countering tobacco smuggling, in 2011, 53 criminal files were initiated, 50 of them were solved and along the investigations 105 persons were accused, 113 of them within MoAI. Also, 85 persons were sent to Court (15 MoAI employees). The case prosecutors issued 9 indictments, 2 by the National Anti-corruption Directorte and 7 by the territorial units of the Prosecutor s Office attached to the High Court of Cassation and Justice. Detention was ordered against 45 persons, and 25 persons were arrested. 27 persons were forbidden to leave the locality or the country. The value of the seized goods was of lei and euro and the value of the goods put under freezing measures was of lei şi euro. We mention some of the goods put under freezing measures, as they were the proceeds of criminal activities: cigarette packs, 2 bank cards and one Fiat Ducato vehicle. Aspects on the judiciary finality: AGD monitors the criminal files instrumented by our judiciary police, along all the procedural stages. Within the files in which indictments were issued between , Court decisions were given, out of which 606 were definitive decisions (53%). Indictments Court decisions Finality percentage % % % % % % TOTAL ,6% Pagina 9 din 29

10 The Courts convicted persons (out of which 78% by definitive decisions). Out of the convicted persons, 345 were MoAI employees. 65 persons were acquitted, 38 were MoAI employees În 9 cases, the Courts ordered the closing of the trial. The 345 convicted MoAI personnel was: Professional category convicted officers 28% Police agents 67% Contracting personnel 5% As regards the MoAI structures to which the convicted personnel belonged, the figures are as follows: - public order and safety 84%; - public administration 14%; 2%. - central body and structures subordinated to the MoAI Minister The sanctions ordered : imprisonment (276 with execution and 733 with suspension); labor for social purpose 1 (3 years and 6 months Gorj Tribunal); fines 37. During the trials, 65 persons were acquitted, 38 of them MoAI personnel. In 9 cases, the Courts ordered the closing of the trial. Cooperation with the Prosecutor s Office attached to the High Court of Cassation and Justice Within May - October 2011, 4 professional sessions were organized between the Prosecutor s Pagina 10 din 29

11 Office attached to the High Court of Cassation and Justice and the Anticorruption General Directorate (in Iaşi, Geoagiu Băi Hunedoara county, Sinaia Prahova county and Cheile Grădiştei Braşov county). Within the reunions a professional contest was held, on corruption cases instrumented by joint teams (prosecutors and AGD officers). The events proved that cooperation between the Prosecutor s Office attached to the High Court of Cassation and Justice and the Anti-corruption General Directorate is most beneficial and enhances the efficiency of the fight against corruption. The topics were with regards to the latest developments in the fight against corruption, the procedural-penal management on the background of new regulations, the dissemination of best practices in the field, establishing unitary modalities to instrument criminal files. Also, the discussions focused on the dynamics of corruption and other forms of criminality, on the issues regarding prosecution in the light of the recently adopted Criminal and Criminal Procedure Codes, on the dissemination of best practices in the field, on establishing a unitary approach in investigating criminal file son corruption. The professional competition which was organized presented the most significant cases conducted in collaboration by the Prosecutor s Office attached to the High Court of Cassation and Justice and the Anti-corruption General Directorate. A Guide with the best practices in investigating corruption cases was disseminated to the participants. Integrity Testing On the occasion of the meetings with the prosecutors from the Public Ministry the issues related to the testing of professional integrity were debated. It was decided to suspend the integrity testing until they will be regulated by a public normative document. Pagina 11 din 29

12 The MoAI created the legal framework for conducting the integrity testing (article 171 from the Government Emergency Decision No. 30/2007 approved through Law No. 38/2011). The procedure for integrity testing was previously regulated by the Order of the Minister of Administration and Interior No.256/ In December 7 integrity tests were conducted, 6 were positive (MoAI employees proved honesty) and one was negative PREVENTION As regards the preventive activities, in 2011 the quality and number of the measures taken increased, to the purpose of developing an integrity professional environment within MoAI personnel. The report between the fulfillment of the activities undertaken in this field and the duly timeframe was assessed. Cooperation in this field of activity was extended, by the involvement of educational units and the public administration The Strategy for preventing and countering corruption within the Ministry of Administration and Interior was adopted by the Order of MoAI Minister. The provisions of the Concept on the activity for preventing corruption deeds within MoAI structures were implemented. Having in view the role AGD has, as responsible for the supervision, control and assessment of the strategies, the fulfillment of the measures undertaken, within the provided timeframe, was evaluated. Preventive meetings anti-corruption training activities were organized with MoAI employees (+25% compared to 2010) The meetings were attended by Pagina 12 din 29

13 MoAI employees (+68%), out of which were managers (+43%). There have been registered: cases when MoAI employees noticed AGD on the fact that they were offered money in exchange of certain services cases (+24% compared to 2010) when MoAI employees noticed AGD on the involvement of their colleagues in corruption deeds. Denounces and self denounces (the self denounce cases are presented as Annex 4) Număr personal MAI care a sesizat fapte de corupţie prin autodenunţ Număr personal MAI care a sesizat fapte de corupţie prin denunţ Joint anti-corruption training sessions were organized by AGD and the General Inspectorate of Romanian Police with all traffic police units (attended by policemen). Within the 21 Border Police Inspectorates 70 anti-corruption training sessions were organized (attended by participants). Preventive meetings organized with educational centers:. The School for Border Police Continuous Training from the city of Orşova. Alexandru Ioan Cuza Police Academy (2.000 students attended). Vasile Lascăr Police Agents School, located in Câmpina (1.680 pupils and 140 teachers attended). The Institute for Public Order Studies - 10 activities with the personnel the fields of public order and criminal investigations from Bucharest Police Directorate (26 persons, one for each police station). The International Study Center of Romanian Gendarmerie. Pagina 13 din 29

14 Within the admission sessions at Vasile Lascăr Police Agents School, located in Câmpina, AGD prevention officers organized meetings with the admission boards. Preventive topics were presented at the International Educational Center of Romanian Gendarmerie, within Mihai Viteazul Application Center for Officers and the meetings were attended by foreign officers, as well. AGD elaborated 10 preventive training themes, to be included by the General Directorate for HR Management into the curricula of MoAI educational centers. We mention some of the specific activities conducted in 2011: Training sessions for the summer season with the personnel detached to Constanta Police Inspectorate. of MoAI personnel. Activities with the members of the human resources boards involved in reorganizing and dismissal Preventive messages on the mail / invoices issued by certain companies towards the citizens (beneficiary of Romtelecom and RCS-RCS services) Pagina 14 din 29

15 It was also achieved: Automatic IT application with the message Be honest! Don t be corrupt! for all MoAI IT users. Audio-video informing documentary under the title Cases and troubles, in collaboration with the Directorate for Informing and PR and Romanian Gendarmerie within MoAI and the Romanian National Theater University (placed on the website Partnership with Nicolae Titulescu University - 6 activities attended by 600 students and university teachers Taking part to the working group (at the Ministry of Justice) for the elaboration of the National Anti-corruption Strategy The Documentary and Informing Bulletin (no. 8 and no. 9) edited by AGD. 22 activities in collaboration with the Association for the Implementation of Democracy AID, within the Project Developing and strengthening the National Integrity Center Anti-corruption researches studies and projects Based on the research of the dynamics of corruption, new preventive tools were developed, aiming at increasing the efficiency of future measures in this field. This activity targeted two components: risk management and corruption researches. Following the application of the Methodology for the identification of risks and vulnerabilities to corruption, the Report regarding risks and vulnerabilities to corruption identified within the activities of MoAI structures was elaborated. It contains: - An inventory of the corruption risks identified; - Deception of the circumstances which favor corruption; Pagina 15 din 29

16 - Applied measures for the control of corruption risks The methodology on corruption risks and vulnerabilities to corruption identified within the activities of MoAI structures was included in the project of the National Anti-corruption Strategy for , in order to also be applied to other ministries. The Report was presented to the leadership of MoAI within a reunion of the Strategic Committee for the support and evaluation of AGD s activity and was disseminated to the relevant structures of the ministry. The pilot - study MoAI specific and incident legal framework vulnerabilities to corruption has as general objective the strengthening of mechanisms for preventing corruption through the identification and elimination of the legal-normative causes that favor corruption. The study aims at clarifying the concept and methodological frame, analyzing 93 specific legal acts with relevance for the MoAI institutions/structures, identifying the legal provisions that may favor or generate corruption and at issuing recommendations for improving the legal framework, in order to eliminate the vulnerabilities to corruption and to improve the efficiency of its implementation. In order to monitor the implementation of control measures regarding corruption risks, 470 activities were organized and attended by 1800 MoAI employs. Activities for the definition of the role, responsibilities and methods for the identification or control of corruption risks were conducted (130 activities attended by 800 participants). Activities were conducted in order to improve the conceptual and methodological framework for risks management within MoAI structures, following the conclusions drawn after the application of the methodology in A survey within the MoAI personnel was implemented, as it was needed for the drafting the Report Professional environment and the incidence of corruption at institutional level MoAI personnel perceptions. Pagina 16 din 29

17 A Study regarding the relation between organized crime and corruption was elaborated, aiming at better understanding the link between these types of criminality and at better tailoring anti-corruption measures. The Project Diagnostic study on the corruption phenomenon within the local public administration (code SMIS 16469) was released and was developed in partnership with the Central Unit for Public Administration Reform within MoAI. The project aims at supporting the local public administration in becoming aware of the real dimension of the corruption phenomenon, the methods of perpetration of corruption crimes, as well as the identification of efficient mechanisms for preventing and countering corruption on medium and long term. In order to achieve the objectives of the project, the following activities are to be performed: sociological studies within the beneficiaries of the public services, the employees and representatives of the local public authorities, media researches (media monitoring and discourse analysis). For completing the data on the public perception on corruption, the following activities will be completed: 20 working reunions with the local public administration employees for debating the corruption phenomenon dimension, based on the study, Best Practices Guides for the various local civil servant categories and the Mapping of the corruption phenomenon within the local public administration will be completed. 5. ACTIVITIES WITHIN THE LOCAL PUBLIC ADMINISTRATION AGD considered the major role the local County Councils may have, if involved in the fight against corruption at territorial level. The main activities conducted with the local public administration concern: - By the end of 2011, AGD concluded 36 protocols with the Local County Councils. - Cooperation with Bucharest City Halls (1, 4, 5 and 6 districts) was initiated and concrete activities were conducted, and also with Ramnicu Valcea city Hall. - Protocol with the Ministry for Labor, Family and Social Protection Pagina 17 din 29

18 - Celebration of the International Anti-corruption Day 9th of December, organized with the Ministry of Education with the participation of Mr. Daniel FUNERIU, the minister of Education. With this occasion the necessity to cooperate with all social factors involved in the fight against corruption was emphasized. Also a flyer was edited with the message The International Anti-corruption Day 9th of December and copies were disseminated to the citizens. - Activities within the Project implemented by Pro-Democracy Association, under the title Young citizens against corruption, with the Education Inspectorate, and also attended by the Bucharest prefect by 35 directors of the selected high schools by representatives of NGOs and mass media. Within this project, informing sessions were held, aiming at raising awareness on the danger of corruption. The sessions were attended by 1700 pupils and 2000 flyers with the message Stop corruption were disseminate, with assistance of the Traffic Police and Pro Democracy NGO. As regards the countering corruption activities, AGD judiciary police conducted investigations with regards to persons within the local public administration in: criminal files persons were investigated. - The initiation of criminal pursuit was ordered in 31 files persons were accused. - Indictments were issued in 17 files. -Administrative sanctions were ordered in 5 files persons were sent to court. - The courts issued 8 decisions (7 persons were convicted and 1 person was acquitted). Pagina 18 din 29

19 (examples of significant cases are presented in ANNEX 5) 6. TRANSPARENCY PUBLIC RELATIONS In 2011, efforts were continued in order to increase collaboration with the citizens and the civil society. carried out: As regards the relations with the citizens, the following activities were petitions were received (+26% compared to 2010); Initiation or completion of information in 122 criminal files; 61% forwarded to other relevant institutions; 19,5% closed according to the legal framework. 248 persons received in audience; 944 persons were counseled; Following these activities 27 denounces were filed TelVerde calls were received ; Initiation or completion of information in 50 criminal files; 8 catching in the act activities, which targeted 11 persons The aspects noticed in 224 calls were 82 forwarded to other institutions ; reports forwarded to the competent institutions regarding tax evasion (19) and tobacco smuggling (63). Presenting two anti-corruption materials (one video spot and one video banner) on the electronic display panels within two hypermarkets ; Protocol of collaboration with the Romanian Pagina 19 din 29

20 Transport Federation (1.500 transport companies); 297 press releases were published; 32 press conferences were organized; 3 meetings with foreign journalists; press articles; audio-video materials broadcasted by radio and TV; 288 reports based on the requests formulated according to Law 544/2001 on public access to information 7. INSTITUTIONAL RELATIONS Internal Cooperation: In order to extend the involvement in the fight against corruption, in 2011, AGD increased cooperation with all key factors in this field. In this sense, 50 bilateral cooperation documents were concluded with structures of the local public administration (city halls, local county councils). Collaboration protocols were elaborated and signed with other structures, public institutions or NGOs, as follows: The Prosecutor s Office attached to the High Court of Cassation and Justice; Ministry for Labor, Family and Social Protection; The city halls from sectors 1, 4, 5 and 6 from Bucharest; 36 protocols with local County Councils; the General Intelligence Directorate for Defense from the Ministry of National Defense Directorate for Preventing and Countering Corruption and Fraud from the Ministry of National Defense Romanian Auto Register; the Romanian Transport Federation; Pagina 20 din 29

21 Romtelecom LTD Commercial Company.; ANRMAP the National Authority for Regulating and Monitoring of the Public Procurement; The National Administration of Penitentiaries (accord); S.C. Visual Arts Media S.R.L.; Pro-Democracy Association. Good collaboration was achieved with: Public Ministry, National Anticorruption Directorate, Prosecutor's Offices attached to Tribunals and Court of Appeal, Romanian Intelligence Service, National Administration of Penitentiaries etc. The activity of AGD Strategic Committee for the support and evaluation of the unit s activity continued in 2011 based on a new functioning regulation approved in February The Committee includes representatives of the Ministry, the civil society, the MS Embassies and EU experts. International Relations European Affairs: Efforts were taken for fulfilling the requests of the Cooperation and Evaluation Mechanism, for developing bilateral EU and international collaboration with anticorruption organizations/institutions and for accessing communitary projects and grants. Within the Cooperation and Verification Mechanism, AGD s activity was positively reflected in the Interim Report ( ), the Report of the Commission to the European Parliament and the Council with regards to the progress achieved by Romania ( ). The Measures Plan for the Implementation of the Recommendations of the Report from July 2011 was elaborated, approved by the MoAI leadership and implemented within AGD s current activity. Following the initiative of the European Commission, a new monitoring instrument, The Anti-corruption Package, was introduced in order to measure anticorruption efforts within all MS. Pagina 21 din 29

22 As regards the cooperation with EU or international institutions, AGD took part at significant events, such as: The Conference of State Parties to UN Convention against Corruption; The Annual Conference of the International Associations of Anticorruption Agencies (IAACA); The second Anti-corruption International Conference, organized on the occasion of the International Day for the Fight against Corruption (9 th of December). AGD attended reunions / working groups at European level: E.P.A.C. European Partners against Corruption, taking part at the working groups and Annual; O.S.C.E. the Organization for Security and Cooperation in Europe; Transparency International; O.C.E.M.N. Black Sea Economic Cooperation. As regards bilateral cooperation, measures were taken in order to intensify experience and best practices exchange as well as operative and assistance activities with partners from Moldova (The Center for Countering Economic Criminality and Corruption) and with partners from Bulgaria (The Inspectorate Directorate and the Directorate for Internal Security). The joint activities were conducted based on bilateral common action plans. AGDs representatives attended professional training courses organized by CEPOL (European Police College) and EACT (European Anti-corruption Training). Also, AGD provided expertise and training in anti-corruption issues within several TAIEX seminars. Pagina 22 din 29

23 In 2011, 17 foreign delegations were received at AGD s HQ (internal affairs attaches, other officials within the EU MS Embassies and officials from the European Commission). AGD was represented at 12 official events within the specific area of activity (reunions, conferences, visits of high officials) organized in Romania D.G.A. Project Implementation In 2011, projects were implemented, financed through ISEC Program in amount of euro and OLAF in amount of ,36 euro. Financing from OLAF was asked within 2 projects, one of them being approved in value of ,16 euro. A project in value of euro was proposed within the Program ISEC 2012 the Domain Economic and Financial Criminality. In partnership with Central Unit for Public Administration Reform, a financing request to the European Social Fund was issued for a new project through The Operational Program the Development of Administrative Capacity. The two project fiches were finalized within the component Security, Stability and Support for Reforms within the Cooperation Program between Switzerland and Romania in value of de CHF. EU funding significantly improved the operative and IT resources. Also, three controls/audits were conducted with regards to the projects implementation (by the Ministry of Finances one from the Court of Accounts and two the Phare Office for Contracting and Payments). 8. INTERNAL CONTROL The measures taken in this field aimed at building a ethical and deontological professional environment for all AGD officers. The following activities were conducted: Pagina 23 din 29

24 6 comprehensive controls were conducted at the territorial anticorruption structures from : Harghita, Mureş, Maramureş, Buzău, Satu Mare and Sălaj. 3 specific controls were conducted at the territorial anti-corruption structures from Vaslui, Timiş şi Galaţi. 9 officers received warnings, 3 of them were the heads of certain territorial anti-corruption structures. the initiation of disciplinary/administrative investigation was ordered with regards to 10 officers. 211 administrative and pro-active measures were taken. 3 policemen received written warnings. Special attention was paid to the achievement of the objectives established by the Programme for the Development of Internal Control / managerial system of AGD and for drafting and updating The Risk Registry at central and territorial level. Several working procedures were elaborated for the application of the above mentioned documents. 9. SUPPORT ACTIVITIES 9.1. Logistics Operative activities, at central and territorial level, required appropriate logistic support. The budgetary funds allotted to AGD were in value of lei ( lei for Title XII Non financial Actives, lei for Title VIII Post accession grants, lei for Title II Goods and Services). Out of the budgetary funds at Title XII, goods and services were purchased in value of ,67 lei, that is 99,2% or the allotted budget. The budgetary funds allotted at Title II Goods and Services in value of lei, represent 66,8% of the estimated necessary. Pagina 24 din 29

25 AGD has, at present, only 55,6% of the necessary vehicle park, the main deficit being at territorial level. The budgetary funds allotted at Title II Goods and Services for 2011 was with 37% smaller than the previous year. The public procurements were conducted according to the legal provisions and, as provided by law 40% of the overall procedures were achieved through electronic means. The Logistic Service is also in charge with the maintenance, safe deposit and the verification of weapons and ammunition at central and territorial level. With support from the General Logistic Directorate within MoAI, the vehicle park was improved (5 special vehicles and 2 vehicles were attributed to AGD). 9 vehicles were attributed to central body of AGD. The operative services of AGD required adequate special technique (audiovideo dissimulated recording devices, video and photo cameras), in order to gather the evidence needed in corruption cases Financial activities AGD was allocated a budget of lei lei, as follows: At chapter = lei: Expenditures for the personnel = lei; Expenditures for goods and services = lei; Co financing for the post accession projects = lei; Expenditures for covering civil prejudice = lei; Non financial expenditures = lei. Out of all approved credits for 2011, there were paid ,33 lei, as follows: Expenditures for the personnel = lei (99,9%); Expenditures for goods and services = ,88 lei 100%); Co financing for the post accession projects = lei 100%); Expenditures for covering civil prejudice = lei 87,9%); Pagina 25 din 29

26 Non financial expenditures = ,16 lei 99,5%). Payments afferent to the previous year were made in amount of ,93 lei. At chapter = lei (social and health insurances): Transfers between units of the public administration = lei; Social assistance = lei; Payments were made as follows: Transfers between units of the public administration = lei (96,1%); Social assistance = lei (99,8%); At chapter = lei (social assistance regarding retirement, payments were made in amount of lei (99,9%); At chapter = lei (post accession grants), payments were made in amount of ,12 lei (72,4%); At chapter = lei (other expenditures covering civil prejudice), payments were made in amount of ,59 lei (97,6%). The budgetary credits were allotted on a monthly basis by The General Financial Directorate of the MoAI and were used in strict compliance with the legal provisions. Out of the budget, 6.321,15 lei were unspent by the end of CONCLUSIONS aspects: The analysis of the activities conducted in 2011 emphasizes the following the results obtained in the specific fields demonstrate the ascendant trend as regards the activity of AGD since 2006 to the present; the professional indicators must be considered on the background of limited human, financial and logistic resources. Pagina 26 din 29

27 the ample and complex cases conducted by AGD demonstrated the capacity to coordinate actions which involve multiple key factors necessary for obtaining solid evidences; an improved judiciary finality was achieved, due to increased collaboration with the structures of the Public Ministry and to appropriate working procedures. based on action plans approved by MoAI leadership significant preventive activities were developed for the Border Police and Traffic Police; the protocols of collaboration concluded with local public administration factors were base for pro-active measures which were taken in the field of the fight against corruption. Researches in the anti-corruption area resulted into developing the working instruments or initiating new ones and constitute a solid base for preventive stategies. AGD was constantly involved in bilateral and multilateral cooperation with similar institutions and organizations, in the spirit of transparency and mutual appreciation. Based on the results obtained, we ca state that AGD has fulfilled, in 2011, its duties, both with regards to MoAI and the Romanian society. 11. PERSPECTIVES IMPROVEMENT MEASURES Implementing the measures provided by programmatic documents (MoAI Strategy for preventing and countering corruption for , AGD s Institutional Development Strategy, the Concept for preventing corruption within MoAI structures ); institutional efficiency; Initiation of new working tools and methods, in order to increase the Pagina 27 din 29

28 A more efficient coordination, by the central structures of AGD, with regards to the activity of the territorial anti-corruption units, in order to better meet the objectives undertaken. Aligning AGD s operational capacity to fight corruption to the dynamics of criminality. Developing collaboration with MoAI structures, in order to support them in implementing anti-corruption policies; Permanent monitoring of the report between costs and benefits, in order to make best use of the resources; Increasing collaboration with the Prosecutor s Offices and continuing the common professional training sessions; Initiating new channels of communication with law enforcement agencies from the areas of public order and national defense and security. Identifying new partners for developing specific anti-corruption projects and programs; Increasing the number of preventive measures taken within units from the following areas: public order, driving licenses and vehicle registration, public procurements. These measures will be taken base on action plans approved by MoAI leadership. Rendering operational of the Call Center system; Increasing cooperation with the civil society and mass-media. The activity carried out in 2011 is base for future professional endeavors, being, at the same time the proof of AGD s institutional maturity and involvement in the fight against corruption. Pagina 28 din 29

29 such as: The assessment of AGD s activity in 2011 identified several characteristics, Within the Romanian institutions, the MoAI has its own structure specialized in preventing and countering corruption. The increased number of criminal files/investigations is not the result of increased corruption within the MoAI, but is the result of building more efficient instruments and methods to identify corrupt behavior of the ministry personnel. AGD s annual evaluation aims at informing both the collaborators and the citizens, in an objective manner, on the outcomes of the specific activities undertaken by the unit. We have every intention to continue, in 2012, the guidelines of the previous year, in order to contribute to the completion of the requirements of the Cooperation and Verification Mechanism Annexes: Annex 1 Cases in which undercover investigators were used Annex 2 The action conducted at the non EU border (February 2011); Annex 3 Countering corruption significant cases; Annex 4 Self denounces significant cases; Annex 5 Cases within the local public administration. Pagina 29 din 29