(Erbil – 17.08.2024) The United Nations Development Programme (UNDP) has released the Trial Monitoring Report on Serious Corruption Cases Across the Iraqi Kurdistan Region, marking a major milestone in curbing corruption in Iraq. The report highlights the significant progress made by the Kurdistan Regional Government in combating corruption and provides deep insights into the region’s judicial processes through comprehensive analysis, while also making a number of recommendations to support efforts to ensure transparency and integrity in the judicial system.
Key findings reveal corruption-prone sectors and improvements in the justice system
The report, which covers court hearings in Erbil, Sulaymaniyah and Duhok, is based on monitoring over 100 cases from November 2022 to December 2023, as well as 50 verdicts handed down between 2016 and 2022. The report focuses on serious corruption cases, including those with high monetary thresholds, high-ranking officials, and cases of public interest or those against whistleblowers and anti-corruption activists.
The report’s key findings show that the Ministry of Finance (25%), the Ministry of Energy (18%) and local councils (17%) are among the government sectors most affected by grand corruption. The analysis shows an increase in convictions compared to acquittals, although the number of high-level defendants remains low and few senior government officials are charged.
Significant progress is reported, with corruption-related cases being excluded from the general amnesty regime. It also notes a significant decrease in trials conducted in absentia and an increase in cases of intentional harm through abuse of office, reflecting the progress made by the judiciary in combating corruption. However, it highlights a worrying lack of civil society organizations (CSOs) attending court proceedings as third parties, despite legal provisions allowing their presence.
A cornerstone for promoting progress
The report is a cornerstone of UNDP’s European Union-funded anti-corruption and arbitration initiatives and was published in collaboration with the Judicial Council of the Kurdistan Region of Iraq and the Human Rights Office of the United Nations Assistance Mission for Iraq (UNAMI).
At the launch event, UNDP representative Auke Lootsma stressed the importance of the report for joint efforts to curb corruption. “This important report, the culmination of our joint efforts, represents an important milestone in our shared quest for greater transparency and justice. We stand ready to work together to implement the report’s recommendations,” he said.
In a video message, Thomas Seiler, the European Union’s Ambassador to Iraq, said: “The trial observation report provides a very deep insight into the way investigations are conducted and trials are carried out.”
Its recommendations will guide us in refining our strategies and improving our anti-corruption measures.”
Judge Abdel Gabar Aziz Hassan, Chairman of the Judicial Council of the Iraqi Kurdistan Region, stressed the important role of the report for judicial reforms in the region: “The report not only demonstrates our commitment to fighting corruption, it also provides us with an opportunity to advance our committed practices towards a more transparent and accountable judicial system,” he said.
Recommended reforms
The report calls on the Kurdistan Region government, the Judicial Council, the Bar Association, as well as civil society and the international community to implement the proposed anti-corruption reforms. These include establishing specialized courts for serious corruption cases, modernizing the penal code to address current problems such as bribery in the private sector, and adopting laws to protect whistleblowers and victims. The report also calls for limiting institutional discretion in withdrawing damages claims and strengthening oversight in sectors affected by corruption.
Further recommendations include reforms to criminal proceedings to improve investigative options, the introduction of an electronic case management system and standardisation of sentencing.
The report also stresses the importance of strengthening the financial independence of the public prosecutor’s office and supporting civil society in anti-corruption initiatives.
Access to the report:
DE: 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
Contact:
(Arabic) Mohammed Al-Bahbahanee – [email protected]
(English) Tayfun Yilmaz – [email protected]
