Anticorruption agencies in Azerbaijan

Within the meaning of the United Nations Convention against Corruption (UNCAC), according to its relevant provisions, there are two specialized anticorruption agencies in Azerbaijan. The Anti-Corruption Department with the Prosecutor General’s Office of the Republic of Azerbaijan (ACD) is the national anti-corruption agency in charge of detection and investigation of corruption-related offences. Separate location of the Department also mirrors in its powers and competences. Set up in the course of implementation of the recommendations by ACN OECD, the department is best placed in the Prosecutor’s Office. Thereby the ACD enjoys all the law enforcement and prosecutorial powers of the Prosecutor’s Office. At the same time, in accordance to its charter the ACD maintains a sufficient level of autonomy allowing it to launch and investigate cases and submit them to court.

Headed by the director, the ACD consists of three units: an investigation division, an analytical information division (with jurisdiction over complaints dealing with non-law enforcement agencies) and an internal security division (covering complaints about law enforcement agencies). Subject to the statute of the Department, the ACD has a staff of 40 prosecutor and investigators. The Department investigated and submitted to courts 39 criminal cases in respect of 79 persons in 2006, 41 criminal cases in respect of 69 persons in 2007. The cases investigated by the department were the high-profile cases on corruption offences, including bribery, embezzlement, trading in influence, abuse of office, etc.

For its activities the ACD is responsible for reporting to the Prosecutor General only. The ACD works closely with other executive agencies responsible implementation of anti-corruption policy: internal security departments in various law enforcement agencies and other prosecutors in the Prosecutor General’s Office. The ACD has no competence to conduct operative-detective measures aimed at detection of corruption instances and special investigation means in the course criminal investigations, such as wire-taping, surveillance, etc. In such cases, the ACD requests the police and other law enforcement agencies to conduct measures. Thus, in terms of detection and investigation, the potential of the ACD may be considerably strengthened if has detectives within it, who will be entitled to do operative detective work.

So far, the ACD’s activities prove to be promising to ensure enforcement and implementation of the recently adopted legislation for combating corruption and anti-corruption policies. However, the ACD is still in need of further strengthening to be a cutting-edge anti-corruption agency. First, the ACD, as relatively new organisation, necessitates continuing its efforts in detailing its operational procedures and rules. Second, the ACD staff members consecutively require developing specific competences through training in modern investigation and prosecution techniques, and practical application of the knowledge gained, and most importantly installation of the state of the art information tec technologies in order to increase the analytical capacities.

By the National Anti-corruption Action Plan, the ACD has been also charged as a coordinating body providing advising services to other law enforcement and executive agencies (specifically, internal security units at those agencies). To be capable to provide quality services, the ACD should first develop its competences in-house, as well as upgrade its training and advice delivery capacities.

The Commission on Combating Corruption of the Republic of Azerbaijan (hereinafter “Anti-Corruption Commission”) represents the second organisation.  The Anti-Corruption Commission was established by the Anticorruption Act 2005, as mentioned above. Its statute was endorsed in the special act by the parliament. The Anti-Corruption Commission represents the first entity, which is a strategic body charged with the prevention, as well as elaboration and monitoring of the implementation of the anticorruption strategies. The Anti-Corruption Commission comprises 15 senior ranking political-level government officials (5 from the executive, 5 from the legislature, and 5 from the judiciary. By law, the Commission co-ordinates overall anti-corruption policy across Azerbaijani government institutions and has in particular the responsibility for monitoring asset declarations which any extensive range of government officials are required by law to submit annually.

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