11.03.2008 - Source: US Department of State

Institutional measures against corruption ("Country Report on Human Rights Practices 2007") [ID 24038]

"The World Bank's Worldwide Governance Indicators reflected the severe problem of government corruption. Large-scale corruption pervaded the government, and public perception of government corruption continued to be high. Intimidation and political influence were factors in some allegations of corruption, and officials sometimes used "de-Ba'athification" to further political and personal agendas. Anticorruption institutions were fragmented and interaction among them was hampered by a lack of consensus about their role. Lack of accountability continued to be widespread and was reinforced by several provisions in statute as well as lack of transparency. The law did not provide public access to government information for citizens and noncitizens, including foreign media. Government officials who were required by law to file financial disclosure reports, such as ministers, governors, and parliamentarians, in many cases failed to do so. The Commission on Public Integrity (CPI) was authorized by law, but was not powerful enough to enforce such disclosures.

The CPI, formed in 2004, is the government's commission charged with preventing and investigating cases of corruption in all ministries and other components of the government nationwide (except for the KRG). The CPI, with a staff of 200 investigators, reports to the commissioner on public integrity and legislature and has the authority to refer cases for criminal prosecution. Since its establishment, the CPI adjudicated only approximately 241 of more than 3,100 cases under investigation. The caseload far outstripped the organization's investigative capacity and reflected intimidation and lack of training.

The constitution provides immunity from arrest to COR members unless the member is caught in the criminal act or charged with a felony and the immunity is overturned by a majority vote of the COR."

Document(s): Open document

11.03.2008 - Source: US Department of State

Legal tools for ministers to protect employees from being arrested ("Country Report on Human Rights Practices 2007") [ID 24039]

"Paragraph 136 (b) of the Criminal Procedure Code provides ministers with the ability to prevent enforcement of the arrest of their employees. This law allows ministers to halt corruption proceedings against their employees. During the year on at least 67 separate occasions and on at least 15 separate occasions in 2006, a minister reportedly halted adjudication and arrest of employees suspected of corruption by the CPI. In other cases ministries effectively stalled the investigation by failing to provide information."

Document(s): Open document

11.03.2008 - Source: US Department of State

Threats and killings against members of Commission on Public Integrity (CPI); influence on prosecution of members of the ruling party ("Country Report on Human Rights Practices 2007") [ID 24041]

"The government also has a system of 31 inspectors generalin the various ministries, the city of Baghdad, the central bank, and the religious endowments. On September 3, the Council of Ministers issued an order effectively blocking ministries' cooperation with the CPI, making the inspectors general, appointed by the prime minister and confirmed by the parliament, the sole investigators of corruption in the central government ministries. The mandate of the inspectors general, with 1,250 total staff, is to audit, inspect, and investigate in order to reduce fraud, waste, and abuse. More than 50 percent of these offices have a human rights unit within their organization.

The Board of Supreme Audit (BSA) is responsible for conducting audits of all contracts that ministries undertake. By May the number of BSA referrals to the CPI had more than doubled from the year before according to CPI records. BSA, CPI, and ministerial inspectors general continued to suffer from a lack of political support and funding."

Document(s): Open document