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| CONFERENCE
PROGRAM >> Workshops
>> Stream
4 |
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The discussion will
focus on the practical issues of anti-corruption
law enforcement, highlighting some contemporary
challenges. Moreover, a look at innovative ways
of supporting law enforcement outside the executive
and judicial realm will be included (i.e. Parliament,
Lawyers' Assoc.). The workshop will also examine
the role of civil society in law enforcement and
the efficiency of institutional reform and case
management.
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Prevention
of corruption in law enforcement institutions |
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Options
for institutional design in countries of
endemic corruption |
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Role of CSO in the law enforcement process |
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Case
mgmt of corruption cases from citizens’
complaint to verdict |
WS 4.1 The
role of international organizations in multi-jurisdictional
corruption investigations
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25 May
Sunday 14:30-17:00 |
 Rapporteur
: |
Francis
Montil |
United Nations |
| Panelists
: |
Franz
Bruener
Paul Lachel Roberts
Mark Gough
Ekkehart Carl
Francis Montil
Jay Gomez
|
European Commission
European Commission
World Bank
Center for the Prevention of Corruption,
France Bochum, Germany
United Nations |
| |
The workshop,
entitled "the role of international
organizations in multijurisdictional corruption
investigations," is intended to address
by way of two case studies the following
themes: first, how to solve problems in
multijurisdictional corruption cases so
that the all interests are reconciled and
the cases resolved; and second, the role
of international organizations in facilitating
complex corruption cases and providing assistance
in resolving problems in multijurisdictional
investigations to allow for successful prosecutions
and recoveries. By presenting actual case
studies, it is anticipated that workshop
participants will have received several
problem solutions that multijurisdictional
cases present which the participants will
be able to utilize in their home countries.
Participants will also be made aware of
how they may call upon international and
multinational organizations to assist. Topics:
Role of the Antifraud Office of the European
Commission in anticorruption investigation
in Kosovo
Facilitation role in the coordination
of multijjurisdictional investigation
Facilitation role in the conduct of multijurisdictional
investigation and the selection of prosecuting
jurisdiction
Prosecution on offenses committed in another
jurisdiction
Coordination of asset tracking and recovery
of funds
Coordination of facilitation of an investigation
of a multi-jurisdictional corruption case
in Bolivia in cooperation with Bolivian
officials
Prosecution of corrupt officials from
several different jurisdictions in Bolivia
Proposed anti-corruption reforms engendered
by the successful investigation into corruption
that may serve as a model for other countries
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WS 4.2 Law enforcement system- from investigation
to judiciary reaction part 1
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26 May
Monday 11:00-13:00 |
| Chair
: |
Jeremy
Pope |
TI-CIR |
| Rapporteur
: |
Hakobyan
|
TI-CIR |
| Panelists
: |
Fine
Maema
Fiona Darroch
Michael Wiehen
|
Attorney General,
Kingdom of Lesotho
Barrister, UK
TI-Germany |
| |
The workshops 4.2 and 4.3 aim to look at
the mechanisms and methodologies by which
prosecutions for bribery and corruption
can be brought. The issues which have arisen
during the trials in Lesotho will be examined,
with reference made to the difficulties
faced by both the prosecuting authorities
and the defendants as they have each put
their cases in court. A general analysis
will be made of the implications of such
trials, in particular aspects of the mutual
legal assistance which have emerged. Specifically,
the relationship between a transnational
corporation and its use of the representation
agreement will be examined.
Topics:
| 1. |
The investigative process:
Prompting an investigation, gathering
the evidence, the decision to prosecute |
| 2. |
The prosecuting team
membership |
| 3. |
Issues for the defence
? burden of proof |
| 4. |
Lesotho trials ? the
preliminary issues: separation of
defendants, citation, admissibility
of evidence, sufficiency of evidence,
jurisdiction |
| 5. |
Judgments in the court
of first instance (lower court) |
| 6. |
Financial implications
of bringing a prosecution: funding,
etc |
| 7. |
Support from the wider
international community, banks and
IFIs |
| 8. |
Articulating possible
new means and mechanisms of assistance
in bringing a prosecution |
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WS 4.3 Law enforcement system ? from investigation
to judiciary reaction part 2
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26 May
Monday 14:30-17:00 |
Decision to prosecute, role of Attorneys-General,
selectivity of decision to prosecution, framing
the writ, legal framework, burden of proof etc.
Judicial reaction; what if judges are corrupt?,
what type of penalties, confiscation etc.
| Chair
: |
John
Makumbe |
TI-Zimbabwe
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| Panelists
: |
Fiona Darroch
Fine Maema
Jeremy Carver
John Gadney |
Barrister, UK
Attorney General, Kingdom of Lesotho
Clifford Chance, UK
Eqed Solutions, UK |
WS 4.4 Mutual Legal Assistance
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27 May
Tuesday 11:00-13:00 |
| Chair
: |
Ian
McWalters |
Department
of Justice, Hong Kong |
| Panelists
: |
Gilbert Chan
Paul Lachel Roberts
Abdullahi Shehu
Jose Ugaz |
Independent Commission
Against Corruption, Hong
Kong
European Commission
Nigerian Government
Peru |
WS 4.5 Corruption in the police - How do you clean
it up?
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27 May
Tuesday 14:30-17:00 |
| Coordinator
: |
Gilbert
Chan |
Independent Commission Against Corruption
- Hong Kong |
| Chair
: |
Ambrose
Lee |
Independent Commission Against Corruption
- Hong Kong |
| Rapporteur
: |
Jean
Au-Yeung
|
Independent Commission Against Corruption
?
Hong Kong |
| Panelists
: |
Tony
Dawson
Czeslaw Walek
The Hon. Justice Barry O'Keefe
Julie Mu
|
Metropolitan Police,
UK
TI-Czech Republic
Supreme Court of New South Wales, Australia
Independent Commission Against Corruption
?
Hong Kong |
| |
This workshop will examine the issues concerning
police integrity and methods to combat this
problem.
Topics:
1. Enforcing integrity and sanctions in
police
2. Internal investigations v. independent
agency approach
3. Conditional amnesty - a necessary evil?
4. Proactive strategies - integrity testing,
U/C operatons
5. The three prong attack - enforcement,
prevention, education
6. Is there a problem of ethnicity in
integrity enforcement in police?
7. Immunities and police privileges
8. Protecting whistleblowers and witnesses
against police retaliation
9. Interpol's initiatives - IGEC |
WS
4.6 Anti-corruption agencies versus institutional
mainstreaming
|
28 May
Wednesday 09:00-11:30 |
| Chair
: |
Mechthild
Ruenger |
GTZ, Germany |
| Rapporteur
: |
Gregory
Kisunko
|
World Bank |
| Panelists
: |
Surya
Prasad Koirala
John Githongo
Mechthild Ruenger
Michael Stevens |
Commission for the
Investigation of Abuse of
Authority, Nepal
Office of the President of Kenya / Malawi
ACA
GTZ, Germany
World Bank |
| Discussant: |
Hon.
Kiraitu Murungi
|
Minister of Justice, Kenya |
| |
The workshop will attempt to take a critical
look at the prerequisites for success or
factors for failure of anti-corruption agencies.
The main idea would be to tease out the
persisting reasons for these failures (e.g.
putting the anti-corruption responsibility
in an single agency; need for an extremely
motivated staff capable to withstand political,
mafia and other pressures, feasibility of
creation of autonomous institutions in any
meaningful way in some societies, if corrupt
networks are pervasive) and analyze them.
The workshop will then address the issues
of mainstreaming prevention of corruption
- definitions, benefits and challenges,
capacity building (training needs, qualifications),
monitoring etc. and will provide some maintreaming
examples (e.g., in the justice sector, resource
allocation sector(s), and political issues
of anti-corruption mainstreaming (e.g.,
prevention of corruption and the PRSPs;
budget financing, how to create conditions
of donor acceptance of absorbing structures
etc.). The workshop will look to the extent
possible at the alternatives of mainstreaming
in existing institutions.
Topics:
| 1. |
Proposal for the Kenyan
Anti-Corruption Commission - a story
of success or failure? Criteria of
success and failure in countries of
endemic corruption |
| 2. |
The role and mandate
of NGOs for mainstreaming prevention
of corruption |
| 3. |
Mainstreaming prevention
of corruption - definitions, benefits
and challenges, capacity building,
and monitoring |
| 4. |
Experiences in corruption
control in a developing country: A
case study of Nepal |
| 5. |
Mainstreaming anti-corruption
work in government management |
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