[Erbil – 17.08.2024] The United Nations Development Programme (UNDP) has released the Trial Monitoring Report on grand corruption cases across the Kurdistan Region of Iraq, marking a significant milestone in curbing corruption in Iraq. The report highlights substantial progress by the Kurdistan Regional Government in combating corruption and offers deep insights into the region's judicial proceedings through comprehensive analysis, while setting forth a number of recommendations to bolster the efforts in achieving transparency and integrity within the judicial system.

Key Findings Reveal Corruption-Prone Sectors and Judicial Improvements

The report, which covers court hearings in Erbil, Sulaymaniyah, and Duhok, is based on the monitoring of over 100 cases from November 2022 to December 2023, along with 50 verdicts issued between 2016 and 2022. The focus of the report is on major corruption cases, including those involving high monetary thresholds, high-ranking officials, and cases of public interest or those against informants and Anti-Corruption advocates.

Key findings of the report indicate that the Ministry of Finance (25%), the Ministry of Electricity (18%), and the Municipal Councils (17%) are among the most affected government sectors by grand corruption. The analysis reveals an increase in convictions compared to acquittals, though the rate of high-level defendants remains low, with few senior government officials being charged.

A significant progress is reported with the exclusion of corruption-related cases from the general amnesty regime. It also notes a notable reduction in trials conducted in absentia and a rise in felonies related to intentional damage through abuse of public office, reflecting the judiciary's progress in anti-corruption efforts. However, it highlights a concerning lack of civil society organizations (CSOs) attending trials as third parties, despite legal provisions allowing their presence. 

A cornerstone to bolster the progress

Being a corner stone of UNDP`s Anti-Corruption and Arbitration Initiatives financed by the European Union; the report was published in collaboration with the Judicial Council of the Kurdistan Region of Iraq Human Rights Office of the United Nations Assistance Mission for Iraq (UNAMI).

Speaking at the launching event Auke Lootsma, Representative of UNDP, emphasized the importance of the report for the unified efforts for curbing corruption, `This critical report, the culmination of our joint efforts, represents a significant milestone in our collective quest for enhanced transparency and justice. We stand ready to collaborate to address the recommendations of the report` he said.

Sending a video message, Thomas Seiler, the European Union Ambassador to Iraq has stated, `The Trial Monitoring report offers a very deep insight into how investigations are led and how trials are conducted. Its recommendations will guide us in refining our strategies and enhancing anti-corruption measures.’

Judge Abdel Gabar Aziz Hassan, the head of Judicial Council of the Kurdistan Region of Iraq stated the important role of the report for the judiciary reforms in the region, `While proving our dedication against corruption, the report also provides us with an opportunity to advance our committed practices towards a more transparent and accountable judiciary system,’ he said. 

Reforms Recommended

The report urges the Government of the Kurdistan Region, the Judicial Council, the Bar Association, and Civil Society and International Community to implement proposed anti-corruption reforms. These include the establishment of specialized courts for major corruption cases, the modernization of the penal code to address current issues such as private sector bribery, and the enactment of legislation to protect whistleblowers and victims. The report also calls for limiting institutional discretion in withdrawing damage claims and strengthening oversight in corruption-affected sectors.

Further recommendations include reforms to criminal procedures to enhance investigative capabilities, the implementation of an electronic case management system, and the standardization of sentencing. Additionally, the report highlights the importance of reinforcing the financial independence of the Public Prosecutor’s Office and supporting civil society in anti-corruption initiatives.

Access to the report:

EN:

https://www.undp.org/iraq/publications/trial-monitoring-first-report-nov-2022-dec-2023

AR:

https://www.undp.org/ar/iraq/publications/trial-monitoring-first-report-nov-2022-dec-2023

KU:

https://www.undp.org/ku/iraq/publications/trial-monitoring-first-report-nov-2022-dec-2023