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Guidelines for assessing capacities

This function requires:

 

Capacities Main issues and sample questions
Enabling Environment 
Social, economic and political context: Capacity to prosecute Prosecution is usually a prerogative of the Prosecutor-General’s Office. The alternative will require political will.

 Sample questions:
  • Is the political establishment supportive of corruption prosecutions?
  • Is this evidenced in public statements or legislative support?
Institutional arrangements and coordination mechanisms Prosecutions are generally reliant on the Prosecutor-General’s Office and the courts to be successful.
Institutional arrangements and coordination mechanisms: Capacity to collaborate closely with the prosecutor/courts Sample questions:
  • What is the role of the anti-corruption agency in terms of prosecutions?
  • Do the anti-corruption agency investigators support the prosecution process of the cases they have investigated?
  • Is there any MoU on prosecution of cases with the Prosecutor- General?
  • Does the Prosecutor-General report back regularly on the cases forwarded by the anti-corruption agency?
  • How many cases are in court at the moment?
  • What is the annual conviction/acquittal rate?
  • What is the longest period of a current case awaiting a hearing?
Legal framework: Capacity to prosecute corruption cases The Constitution may not allow for ACAs to assume the mandate of prosecution.
 A Constitutional or legal revision may be required to allow for ACAs to prosecute corruption cases.

Sample questions:
  • Is the anti-corruption agency authorized to prosecute cases in court?
  • Is the anti-corruption agency authorized to prosecute cases in court in case the Prosecutor-General is unable or unwilling to prosecute the case?
Accountability: Capacity to review delayed prosecution Delayed prosecution undermines ACA’s ant-corruption efforts.

Sample questions:

  • Is any oversight agency able to review slow progress on specific prosecutions?
  • Is any oversight agency authorized to review the decision to end the prosecution of a specific case?
  • Is any oversight agency authorized to order a prosecution to move ahead?

 

Organizational level
Leadership: Capacity to support prosecutions ACA senior management may be apprehensive about prosecuting high-level politicians or wealthy businessmen.

Sample questions:
  • Is the leadership sufficiently independent from the executive to undertake prosecution of high-profile corruption cases?
Strategic planning: Capacity to plan prosecutions Prosecution will require an additional set of resources.

Sample questions:
  • What is the budget allocation for prosecutions?
Organizational structure: Capacity to support prosecutions ACAs need a specialized unit to handle prosecution.

Sample questions:

  • Which division is responsible for collaborating with the Prosecutor- General?
  • Which division is responsible for prosecuting cases?
Human resource management: Capacity to prosecute ACAs need staff resources to undertake prosecutions.

Sample questions:

  • How many staff are assigned to prosecute corruption cases?
Knowledge and information management: Capacity to learn from prosecution Any information generated from the prosecution process should be fed back into the ACA work processes.

Sample questions:
  • Had the anti-corruption agency learned anything from previous prosecutions?
Monitoring and evaluation: Capacity to monitor and evaluate prosecution Without M&E of the prosecution outcomes in courts is not possible to measure success, or to improve internal processes as required.

Sample questions:
  • Does the anti-corruption agency monitor and evaluate prosecution of corruption cases in court?
  • Does the anti-corruption agency report on the success rates of prosecution of corruption cases?
Training and mentoring: Capacity to support prosecutions Prosecution requires a specific set of skills and ACA staff may need training on those.

Sample questions:

  • Are investigators properly trained to support prosecution of corruption cases in court?

 

Individual level
Technical capacities:

  • Legal knowledge about all corruption offences.
  • Ability to write clear reports