The National Commission

The National Commission of Counter Corruption is composed of 1 Chairman and 8 members. In order that this agency is really independent, members of the Commission are selected by a 15-member selection committee consisting of the president of the Supreme Court, the President of the Constitutional Tribunal, the President of the Supreme Administration Court, 7 Rectors of the State’s higher education institutions who are selected form among the rectors, and 5 representatives political parties that have members serving as Members of the People’s Representa­tives Assembly. The 5 representatives selected from among representatives of the parties. The committee will then nominated to the Senate names of persons who are appointed members of the Commission.

The National Commission of Counter Corruption shall have a single term of office of 9 years. The commission has the Office of the National Commission of Counter Corruption as its independent administration agency for the administration of personnel and budget. A secretary-general the chief of the Office of National Counter Corruption. Appointment of a secretary-general must have the approval of the National Commission of Counter Commission and the Senate.

Power
Power is granted by virtue of the power of the Constitutional Tribunal, which, as provided by the Constitution of 1997, is as follows:

·        To call for documents or evidence connected with any person.

·        To summon any person to give testimony.

·        To request the Court, interrogating authorities, government agencies, the State’s agencies, state enterprises or local administrative organizations to take any action for the benefit of inquiry or consideration.

·        To appoint individuals, groups of individuals or authorities to perform duties as may be assigned.

·        To order government officials, officials or employees of government agencies, the State’s agencies, state enterprises or local administra­tive organizations or other officials of the state to take any action whatever for the benefit of the performance of duties.

·        To file legal cases or appoint lawyers to file legal cases in the Supreme Court, i.e. the Section of Criminal Cases of Political Position Holders. In case the Commission does not approve of the opinions of the Attorney-General; and to appoint working groups to consider matters if no settlement of issues cannot be found.

Duties
1.            To conduct inquiries to find facts, to conclude files of the cases and at the same time to present recommendations to the Senate in case there are petitions for removal of the persons who hold the positions of Prime Minister, Cabinet Ministers, Members of the People’s Representatives Assembly. Members of the Senate, the President of Supreme Court, the President of the Constitutional Tribunal, the President of the Supreme Administration Court, the Attorney-General, members of the Election Committee, State Inspectors of the Parliament, members of the Constitutional Tribunal and members of the Audit-General Commission, as well as judges or judicial officials, public prosecutors or holders of high level positions in accordance with a constitution-supporting law pertaining to national counter corruption.

2.            To conduct inquiries to find facts, to conclude files of the cases and at the same time to present recommendations to the Section of Criminal Cases of Political Positions Holders of the Supreme Court in case charges are made by persons against the Prime Minister, Cabinet Ministers, Members of the People’s Representatives. Assembly, member of the Senate or other political officials, for abnormal wealthiness, for malfeasance in official capacity, in accordance with the criminal code or for malfeasance in official capacity or dishonest practice under other laws and this shall apply to cases where the said persons or other persons are principals, instigators or supporters.

3.            To conduct inquiries and to pass a decision that a state official is unusually wealthy, has committed dishonest practice in the performance of duties. Malfeasance in official capacity or offence in official capacity, or offence in official capacity concerning justice under the constitution-supporting law pertaining to national counter corruption.

4.            to examine correctness and actual existence, as well as change of properties, of holders of political positions and other state officials as designated by the Commission in accordance with the lists of properties and debts and supporting documents submitted by them.

5.            To report on results of such examination and results of the performance of duties, together with observations, to the Cabinet, the People’s Representative Assembly and the Senate every year and to publish the said reports.

6.            To take other actions as required by the law.

About the author