ASSESMENT OF THE RESULTS OBTAINED IN GENERAL CONSIDERATIONS

Transcription

1 MINISTRY OF INTERNAL AFFAIRS February 2016 ASSESMENT OF THE RESULTS OBTAINED IN 1. GENERAL CONSIDERATIONS In, corruption was very much under the public eye, in the sense that citizens were increasingly active in requesting sanctions against corrupt high officials, especially those in charge with public order and safety. It is obvious that the lack of integrity of MoIA civil servants leads to losing the citizens trust in state agencies and affects the reputation of an entire professional category. In this context, DGA judiciary police officers, having in view the 10 years of experience in deterring corruption, have the duty to do the utmost efforts to built an integrity oriented environment within the Ministry of Internal Affairs and, to this purpose, to collaborate with relevant law enforcement agencies. We present below the main activities conducted by DGA in preventing and countering corruption. 2. PREVENTION Prevention was one of the main professional concerns for DGA. In the light of the Sectorial Plan afferent to the National Anti-corruption Strategy for 2012-, prevention activities conducted by DGA officers within the MoIA structures were reported to the Ministry of Justice, which was the coordinator for the implementation of the Strategy. The European Commission Report on the progress achieved by Romania within the Cooperation and Verification Mechanism, published in January 2016, mentioned that: In the Anti-Corruption General Directorate (DGA) within the Ministry of Internal Affairs (MoIA) has been active in promoting preventive measures such as anti-corruption information activities, 1 prevention and informing training sessions, 2 guides for the citizens, 3 and research studies. 1 One activity was about elaborating and disseminating the Best practice Guide for preventing and countering corruption, within a project funded by the European Commission United against corruption, aiming at preventing and countering corruption in Romania, Bulgaria and Latvia Pag. 1 din 11

2 During the period in our attention, informing and training activities were organized, attended by MoIA employees, out of which were in leading positions and were in executive positions. Preventive trainings were continued, addressing all MoIA personnel, including the ones employed from sources external to the ministry, since In the reporting period, the training materials were drafted to address the following sensitive areas: Traffic police; Border police; County medical centers; Prefectures; Criminal records, statistics and operative evidence units. Following the request of the Traffic Police Directorate within the Romanian Police Inspectorate, trainings were organized for the highways traffic policemen. Also, informing sessions were held for the students of Alexandru Ioan Cuza Police Academy, the years II-IV. As requested by MoIA leadership, common anti-corruption trainings were conducted, together with DIPI (Department for Intelligence and Internal Protection), at central and territorial level. Having in view DGA s expertise, non MoIA institutions requested preventive trainings, such as certain City Halls from Bucharest, respectively the 3rd and 6th districts. In order to upgrade preventive measures, DGA and the Center for the Assistance of NGOs (CENTRAS), elaborated the Guide on necessary information with regards to MoIA structures (printed in copies and disseminated at central and local level), as well as a preventive poster, printed in 500 copies in Romanian and 500 copies in English. An awareness anti-corruption campaign was organized, together with the Romanian National Association of Transporters. The Informing Bulletin of the Romanian National Association of Transporters no. 3(132) from March published an article on DGA activity. Also, a poster with the message Stop corruption at the borders! was printed in copies. 2 DGA organized over 3,500 prevention and informing training sessions for MoIA personnel. In 161 cases DGA was notified, by MoIA officers, of bribe attempts they had experienced, and there were 70 cases raised where MoIA colleagues had allegedly been involved in corruption deeds. 3 A recent information guide for citizens on the MoIA provides lists of documents necessary to obtain an administrative act and details the types of corruption crimes that could be committed both by public officials and citizens: Pag. 2 din 11

3 As proof of the efficiency of preventive measures, in 231 cases MoIA officers reported on corruption attempts or corrupt practices (+10% compared to 2014). Other preventive aspects: DGA s bi annual Informing Bulletin was elaborated and disseminated to all MoIA units; Disseminating anti-corruption flyers within Romanian Bulgarian Border Crossing Points, such as Ostrov and Vama Veche, for the summer season; With support from the Directorate for Driving Licenses and Vehicle Registration, anti-corruption flyers were disseminated, at national level, to pupils and teachers from driving schools. New preventive tools: Participating to the Study on corruption in Romania achieved by the Ministry of Justice and the Dutch Embassy in Bucharest; At the request of the Ministry of Justice, a presentation on integrity was held for the officers from the National Administration of Penitentiaries. Integrity testing of MoIA personnel Based on the MoIA Minister s Order no. 256/2012, in, DGA officers conducted 87 integrity tests 75 positive (the officers were honest). 12 tests were negative. 94 MoIA officers were tested, only 12 being dishonest. With regards to the negative tests, the Prosecutor s Offices were notified, in order to decide on initiating criminal procedures. Anti-corruption studies and researches For the application of the Methodology for the management of corruption risks, DGA organized 361 training activities for MoIA WGs in charge with monitoring the implementation of prevention/control measures at the level of MoIA units MoIA officers attended the meetings. Pag. 3 din 11

4 Recommendations were made, such as: Working procedures more clear and transparent; Intensify and adapt the hierarchy control measures; Increased transparence of current activities; Constant concern regarding the personnel s awareness on the consequences of corruption. Based on the information furnished by MoIA structures and the assessment of integrity incidents, DGA updated the synthetic Report on the vulnerabilities to corruption within MoIA structures, while recommendations were made for improving control measures to be taken in the vulnerable areas. In this context, the Procedure for the use of MARC IT application (Assisted Management of Corruption Risks) was completed, and meetings were held for MoIA users, in order to optimize the utilization of this specialized soft. As regards the measure from the NAS 2012 Support offered by MoIA to the selected public institutions for graduate introduction of a unitary methodology for risks assessment, DGA strongly supported the Ministry of Development and Public Administration with this initiative. In the same context, DGA supported the Ministry of Healthcare to implement this measure. Also, 103 visits and controls were conducted by DGA officers at the HQs of the units were officers were sentenced for corruption deeds. Reports and recommendations were made, in order to increase the efficiency of preventive and control measures. As regards the researches on corruption, we mention: Study on corruption within Romanian educational system; Study on vulnerabilities of internal normative framework which may favour corruption. Ongoing studies: Comparative study for evaluating the perception on DGA s anti-corruption policies. The project is conducted together with Hanns Seidel Foundation and aims at evaluating public perception, including within MoIA, on the efficiency of prevention and repressive measures and on the protection of whistleblowers. Survey on the perception of corruption as seen by MoIA personnel, conducted with the philologists from MoIA s local county inspectorates 3. CRIMINAL INVESTIGATIONS Pag. 4 din 11

5 Based on the delegation disposed by the case prosecutor, the judicial police within D.G.A. conducted procedural activities and investigated complex cases under the supervision of the prosecutors within the National Anti-corruption Directorate, the Prosecutor s Office attached to the High Court of Cassation and Justice, the Directorate for Organized Crime and Terrorism Investigation or their territorial structures. The Report of the European Commission within the Co-operation and Verification Mechanism, emphasizes that: The progress ascertained in the report regarding the investigation and prosecution of corruption continued at lower levels, especially in terms of activity of the general prosecutor and the General Anticorruption Directorate within the Ministry of Internal Affairs. " We mention that, in the analyzed period, investigation were conducted and 3003 criminal files were forwarded to the Prosecutor s Offices (+24% compared to 2014) following AGD s self notice (49% from total), received from Prosecutor s Offices.. Based on the evidence administrated, criminal pursuit was initiated in criminal files (+142%) 477 by the National Anti-corruption Directorate, 68 by the units of the Directorate for the Investigation of Organized Crime and Terrorism and by other structures of the Public Ministry. The case prosecutors issued 403 indictments (+22% compared to 2014) in the files instrumented by DGA s judiciary police within and guilt admittance agreements were issued in 41 files (-31% compared to 2014). Pag. 5 din 11

6 In, out of the suspect persons (-5 %), 249 were within MoIA(+6%), out of which 32 were managers and 217 were in executive positions. Sent to Court persons Sent to Court This situation reveals an increase of the criminal investigations quality and, thus, of the judicial finality. At DGA s level, based on the data regarding MoIA employees sent to court, a survey was conducted and revealed that only 0.18% of MoIA personnel were dishonest. The graphic situation for the indicted MoIA employees is as follows: AGD judiciary police officers received delegations to conduct criminal investigation procedures (+35%): 746 from the National Anti-corruption Directorate, 143 from the Directorate for the Investigation of Organized Crime and Terrorism and 3307 from the Prosecutor s Office attached to the High Court of Cassation and Justice. Pag. 6 din 11

7 3,132 Delegations 4,608 3,811 3,116 4, As regards the preventive measures, 377 persons were arrested, out of which 80 were home arrested. Judicial control was set in 72 files. Cooperation with the Prosecutor s Office attached to the High Court of Cassation and Justice In order to increase the efficiency of the criminal investigations, the 6 th session of professional reunions between the Prosecutor s Office attached to the High Court of Cassation and Justice and DGA was organized (4 regional reunions were held in Constanta, Brasov, Calimanesti-Caciulata and Neptun). These reunions continued since 2010, thus, collaboration being improved. This aspect was mentioned in the EC Report on progress achieved by Romania within the Cooperation and Verification Mechanism, published in January. The event was attended by representatives of Romanian Police, Intelligence and Internal Protection Department, Romanian Intelligence Service, National Agency for Integrity, Superior Council of Magistracy and Ministry of Justice. The conclusion was that this is a good method to find best ways to counter corruption. A professional competition was organized and the most significant cases conducted by the prosecutors in collaboration with DGA judicial police officers were awarded prizes. A Best Practices Guide on instrumenting corruption cases was drafted and republished this year. 4. TRANSPARENCY PUBLIC RELATIONS In, DGA continued its efforts in order to increase collaboration with the citizens, the civil society, the public institutions, within the legal framework, assuring, thus, a good level of institutional transparency. As regards public relations, the following activities were carried out: petitions were received (+22% compared to 2014); The data obtained from the petitions, brought to the initiation or completion of information in 109 criminal files, 2 indictments being issued; Pag. 7 din 11

8 From the overall e number of petitions, 17% were forwarded to other institutions, and 34,7% were used according to legal provisions; 252 persons were received in audience and 1637 persons were counselled after 16:00 hours; Following these activities, 94 denounces/complaints were filed and 91 petitions; (+39% compared to 2014) calls were received at TelVerde free-of-charge line, that resulted into the initiation and completion of 51 criminal files (+11%); Based on TelVerde calls, catching in the act operations were organized, targeting 20 persons (among whom 2 were MoIA employees). Institutional promotion An important aspect of this area is the participation to the Anticorruption Film Festival Project, that consisted in a short film competition organized by Pro-Democracy Association, financed by Hanns Seidel Foundation, in which DGA is a partner. The Project is associated to Transilvania International Film Festival TIFF and its theme was anti-corruption education through film. It is the first national project of this kind. A video spot was released. On the occasion of the International Anti-corruption Day the 9 th of December, DGA organized in Bucharest and other counties several anti-corruption informing and educational activities for the general public, in order to bring into attention the importance of fighting against corruption. On the 9 th of December, Bucharest and Ilfov county Anti-corruption Directorate, in partnership with NGOs (Expert Forum, LiderJust and European Policy Romanian Center), organized at the MoIA Cultural Center, a debate on the theme Why me? Citizen vs. System. Also, an anti-corruption informing activity was organized in Leușeni- Albița BCP, in partnership with Pro-Democracy Association, Hanns Seidel Foundation and Anti-corruption National Center from the Republic of Moldova. 5. INTERNATIONAL COOPERATION AND PROJECTS IMPLEMENTATION International relations European Affairs With regards to European Affairs, efforts were taken to manage the reporting on the obligations undertaken by DGA within EU s monitoring mechanisms, as well as taking part to specific activities, together with European anticorruption institutions/mechanisms and organizations. Pag. 8 din 11

9 On the other hand, the CVM Report dated January presents DGA as example of best practices in several fields of preventing and countering corruption, as well as cooperation with the Prosecutor s Offices. DGA reported to the European Commission on the occasion of 4 evaluation missions (in March, May, September and November), underlining the results obtained along current activities. International cooperation was conducted at regional, European and multilateral level. We mention: Extended participation to activities for experience exchange, furnishing expertise and transfer of know how to similar agencies/units from countries such as: Serbia, Croatia, Poland, Belgium, Austria, Bosnia-Herzegovina, Russia, France and the Republic of Moldova; 18 operative missions conducted in the neighboring countries, for solving/documenting/instrumenting concrete cases of common interest, based on the bilateral cooperation documents (in the Republic of Moldova, Hungary, Bulgaria, Serbia and common Border Crossing Points); 13 working visits at DGA s HQs with foreign delegates, in order to share our expertise in the field of preventing and countering corruption. The delegations were from: the Republic of Moldova, Germany, Ukraine, Palestine and USA Embassy in Bucharest bilateral cooperation was developed with partners from the Republic of Moldova, Hungary, Bulgaria, Serbia. Also, DGA was very present to regional anti-corruption initiatives. Projects implementation: In 2014, AGD was involved in 4 projects with non-refundable funds, with a value of 1,4 millions Euro. In two of these projects, with a value of euro, D.G.A. was the coordinator. Developing new procedural methods to use and protect whistle-blowers, informants and collaborators in investigating corruption, financed by the European Commission through ISEC Program Euro; Training for AGD officers in the field of audio-video special technique OLAF Project Hercule II Euro. In other two projects, with a value of 1 million euro, D.G.A. was partener: Anti-corruption policies for the citizens in a responsible administration PACAR lei ( euro); United against corruption, financed by the European Commission through ISEC Program Euro. At this moment, at the European Commission two project fiche are in evaluation stage for the budgetary exercise , in order to obtain finance for over euro. Pag. 9 din 11

10 Referring to the programming activity, the total value of the projects financed from the Romanian National Program for support from the Internal Security Fund for the period is for over 2.9 million euro. 6. SUPPORT AND INFRASTRUCTURE Financial information For, DGA was assigned a budget of lei. The balance charts were monitored by the General Financial Directorate (in charge with the budgets of MoIA units), on a monthly basis. DGA fully used the budgetary funds. 7. CONCLUSIONS Having in view the above mentioned, we may conclude that DGA fulfilled the strategic objectives undertaken for ; From institutional point of view, DGA continued to consolidate its position among anti-corruption institutions, at national, regional and international level. DGA strongly contributed to the success of anti-corruption efforts at national level; DGA s prevention measures aimed at building an integrity oriented professional environment within MoIA, also setting an example for the entire public sector; The increased number of definitive court decisions in DGA s corruption cases proves the good collaboration with the Prosecutor s Offices; The bilateral cooperation documents concluded by DGA with foreign similar units enhanced our institution s involvement in joint measures and projects; DGA s presence on the background of international anti-corruption agencies was very firm. The Report of the European Commission from January mentions: Over the years DGA has built an expertise in corruption prevention and control which DGA could share with other institutions in view of reinforcing the NAS. - * * * Pag. 10 din 11

11 Annex: Annex no. 1 Self denounce cases; Annex no. 2 Countering corruption cases. Pag. 11 din 11