Corruption in Justice and Security Corruption in Justice and Security
Corruption in Justice and Security Corruption in Justice and Security
Corruption in Justice and Security Corruption in Justice and Security
org
www.cmi.no
Query
What are the main types, causes, and impacts of corruption in the security and justice sectors, with
particular reference to the issues facing poor people? What are the lessons learned from attempts to
tackle corruption in the security and justice sectors, particularly in terms of holistic approaches to
reform?
linked to the specific context in which the institutions judges and court processes, looking at both formal and
are operating, it is important to ensure that each reform informal mechanisms. Analysis of the security sector
process also reflects an understanding of the local will focus on the police, the military and defence
environment. organisations.
www.U4.no 2
Corruption in Justice and Security
www.U4.no 3
Corruption in Justice and Security
leaders, are disobeying the law and avoiding detection Increased transparency
and punishment’. Corruption within the justice sector
can also impact the effectiveness and legitimacy of In Costa Rica, efforts have been made to increase
other institutions, including those linked to anti- transparency. As part of an Inter-American
corruption efforts. For example, an anti-corruption Development Bank backed programme (aimed
commission that relies on an attorney general’s office primarily at building the capacity of judges, the public
to prosecute sensitive cases will be hindered if that prosecution and the ombudsman), more information is
office is tainted by corruption (Schulz 2009). now available online. These include laws, budgets,
procurement reports, audits, annual reports and other
Examples of reform relevant documents (Salazar et al 2007). The judiciary
also decided to introduce electronic e-cases so each
Personnel related reforms case could be monitored. The reforms have helped to
reduce public perception of corruption.
Greater controls over judicial appointments and
regulated career development procedures are
increasingly seen as important steps to reducing
3 Corruption in the security
corruption. The introduction of entrance examinations in sector
Argentina, Guatemala and Peru, for example, is said to
have raised the quality of new judicial appointees and This section will discuss corruption in the security
eliminated candidates most likely to adopt undesirable forces with which people most commonly interact, such
behaviour (Hammergren 2007). as the police and the military, as well as examining
higher level corruption in state defence and security
Increasing salaries can also have a positive impact. In organisations.
Georgia, for example, wage increases have helped to
stop judges soliciting bribes. In 2004 the authorities Causes and types of corruption in the
increased judges’ salaries, making them among the security sector
highest paid employees in public service (Karosanidze
and Christensen 2007). Police
www.U4.no 4
Corruption in Justice and Security
www.U4.no 5
Corruption in Justice and Security
www.U4.no 6
Corruption in Justice and Security
Improving financial management in light of now publish simplified information on future and current
secrecy concerns procurements in one place on the ministry website. The
changes have enabled companies to protest against
In order to increase transparency of defence industries, single-source procurement if they feel they have been
concerns regarding national security need to be excluded from a competition (Pyman 2009).
addressed. This involves identifying and justifying which
areas of work need to be carried out without public Integrity Pacts, a tool developed by Transparency
oversight and/or external audit (Ball 2002). In South International, can also be applied to defence
Korea the government separates its defence budget procurement contracts. The pacts are an agreement
into three categories of differing secrecy. This process between a government and all bidders for a public
ensures that secrecy is used only when essential contract. All partners agree not to pay, offer, demand or
(Pyman 2011). accept bribes; collude with competitors to obtain the
contract; or engage in such abuses while executing the
Improved levels of financial planning can also improve contract. For example, in Columbia, the process for
transparency and accountability of the defence budget. purchasing 22 combat aircraft was monitored using
In Bulgaria, the introduction of the Integrated Defence such as pact. Although the bid collapsed in the end due
Resources Management System (IDRMS), similar to to a number of companies withdrawing from the bid, the
systems used by NATO, has enabled an annual budget experience confirmed that it is possible to implement an
to be produced for the Ministry of Defence (Totov). The arms trade procurement process including all the same
process involves economic planning based on an publicity efforts that can be introduced in any other
assessment of existing resources and capacity. In sector’s process.
Bulgaria, the MoD invites the Ministries of Finance and
Economics to assist in this process. Once finalised, the 4 Lessons learned
defence budget becomes a key document for promoting
accountability and monitoring of the budget (Pyman As suggested in the introduction, it is difficult to
2011). Totev suggests this system also increases consider the causes, types and impact of corruption in
senior leaders’ awareness of the importance of the the security and justice sectors in isolation. This is firstly
financial dimension of defence planning. due to the overlap in the operations of the two sectors
and the implications this has for developing effective
Reducing opportunities for corruption in
anti-corruption reforms. For example, as Azami (2009)
defence procurement
suggests in her discussion of police reform in
Afghanistan, if prosecutors and judges continue to
A number of initiatives have demonstrated that defence
release criminals who have been arrested by the police,
procurement can immediately benefit from greater
an effective police force will not mean anything.
transparency and active engagement with civil society.
Secondly, the consequences and impact of corruption
TI-UK’s Defence against Corruption programme has
in justice and security institutions often reflect a
worked with a number of countries to improve the
combination of inefficiencies in both sectors, for
transparency in defence procurement. A notable
example increased levels of crime or the outbreak or
example is that of Transparency International-Croatia
relapse into conflict (Foaleng 2009).
who hosted and facilitated a roundtable event in Zagreb
in 2007 to discuss the procurement of armoured
To date, many reform processes have occurred in silos.
vehicles. The event was attended by senior defence
Whether this happens at the institutional level, sector
officials, other senior officials, representatives from
level or national level, donors are increasingly
international organisations (such as NATO, the
recognising that this can limit the impact of reform
European Union, and OSCE), representatives from
efforts (Domingo 2009). However, although the logic of
defence companies and representatives from the
holistic reforms is now widely accepted, holistic models
media, academia and civil society (Pyman 2009).
focusing on security forces, democratic governance,
Following the event, the national defence procurement
and the rule of law have been largely unsuccessful in
requirements and the full defence budget for the next
practice, for example in Iraq and Afghanistan (Sedra
ten years were published.
2007). A DFID review of security and justice sector
reform programming in Africa states that Sierra Leone
Since November 2005, the Polish Ministry of National
provides the strongest example of effective holistic
Defence has introduced a number of mechanisms to
reforms. The reforms connected all strategic level
reduce opportunity for single source procurement. They
www.U4.no 7
Corruption in Justice and Security
actors that have a role to play in the delivery of overall Corruption Report provides a useful background
reform outcomes. The report stresses, however, that document.
this positive outcome was the result of incremental
progress and continuous learning of lessons (Ball et al At present there is extensive literature on certain
2007). organisations within the security sector, such as the
police and the military, but less on border security
It is increasingly suggested that reforms need to be systems and border guards, the prison system and
more specifically tailored to local needs. Baker and intelligence organisations. Certain issues also require
Scheye (2007) argue that there is currently a state- greater investigation. For example, evaluation of
centric bias in security sector reform which contradicts attempts to remove ghost soldiers from payrolls is
development principles involving a ‘people-centered, currently lacking.
locally owned’ approach. State-centric approaches
assume that the state alone is capable of delivering Different levels of governance also need further
justice and security; and that it is the main actor in analysis, in particular local level reforms. The work
security and justice. However, as this is often not the conducted by International Alert in Nepal which focuses
case, particularly in post-conflict and fragile state on reforms at the district level provides a useful
contexts, such an approach is unlikely to be effective. example. At present, much donor-supported security
and justice programming focuses on formal security
The current focus of much donor-supported security and justice institutions. The impact of informal
and justice programming is on formal security and institutional factors needs to be better understood. In
justice institutions. In Afghanistan, for example, some addition, more information is required regarding the
have argued that support has been donor-driven rather prevalence of ‘self-help’ responses to security and
than locally-owned, and as a result has overlooked justice shortfalls which are particularly common in
transitional justice and informal justice institutions Africa (Ismail and Hendrickson 2009).
(UNODC 2007). As non-state justice systems are often
more commonly used, particularly by poor people, it is Differences within particular organisations also need to
essential that the shortfalls in these institutions are be identified and evaluated. For example, with regard to
addressed within security sector reform. Linking state border management, it has been highlighted that as the
and non-state security and justice systems could raise role of border guards varies considerably so too can the
standards of reforms by increasing state understanding temptations for corruption (Batara and Sukadis 2007).
of local needs and knowledge, and increasing non-state Institutions should not be treated as a universal body,
actors’ awareness of international standards (Baker and but rather should be investigated in-depth before
Scheye 2007). Resources provided to support reforms developing reforms. It is increasingly recognised that
must also be tailored to the capacities and budget local level requirements are often overlooked in
limitations of national authorities (Domingo 2009). reforms. Local knowledge should, however, provide a
key element of reforms. In Hungary, border
management has been improved through a number of
5 Research Gaps factors. These include the introduction of a legal
framework which takes the opinion of border guards
The literature review carried out for this query has into account and the delegation of power to lower levels
identified a number of strengths and weaknesses in the to improve the speed of responses (Batara and Sukadis
research field. Whilst the causes, types and impacts of 2007).
corruption in the justice and security sector are well
understood and documented, more work is needed to Finally, there is also a need for more case studies or
evaluate how best to address the issues, what has country studies to demonstrate what has been effective
worked so far and what has not. There are a number of in different contexts. Human Rights Watch’s 2010
programmes that are building the evidence base in this report on Corruption and Human Rights Abuses by the
area. For example, the TI-UK Defence against Nigeria Police Force provides a useful example.
Corruption Programme provides valuable sets of case Building such an evidence base would enable trends to
studies and best practice. With regard to the justice be more easily identified, thus aiding future
system, the literature is currently more dispersed development of reforms.
although the Transparency International 2007 Global
www.U4.no 8
Corruption in Justice and Security
6 References http://www.transparency.org/publications/gcr/gcr_2
007
Andvig, J, C. and Fjeldstad, O., 2008, Crime, Poverty
Centre for International Cooperation and Security
and Police Corruption in Developing Countries, CMI
Department of Peace Studies, 2005, The Impact of
http://www.cmi.no/publications/file/3076-crime-
Armed Violence on Poverty and Development,
poverty-police-corruption-in-developing.pdf
http://www.undp.org/cpr/documents/armed_violenc
Azami, S., 2009, The Need for Security Sector Reform e/AVPI_Synthesis_Report.pdf
in Afghanistan to Curb Corruption,
http://www.monitor.upeace.org/innerpg.cfm?id_arti
Chêne, M., 2007, Tackling Judicial Corruption in
cle=666
Afghanistan, U4 Expert Answer.
Baker, B. and Scheye, E., 2007, Multi-Layered Justice
Chirayath, L., Sage, C. and Woolcock, M., 2006,
and Security Delivery in Post-Conflict and Fragile
Customary Law and Policy Reform: Engaging with the
States,
Plurality of Justice Systems,
http://www.informaworld.com/smpp/content~conte
http://siteresources.worldbank.org/INTWDR2006/Re
nt=a786441400~db=all~order=page
sources/477383-
Ball, N., 2002, Managing the military budgeting 1118673432908/Customary_Law_and_Policy_Refor
process: integrating the defense sector into m.pdf
government-wide processes, Prepared for the
Collier, P., 2004, Development and Conflict, Oxford:
Workshop on The Military Expenditure Budgeting
Centre for the Study of African Economies,
Process
http://www.un.org/esa/documents/Development.and
http://www.sipri.org/research/armaments/milex/publ
.Conflict2.pdf
ications/other_publ/ball
Di Puppo, L., 2010, Georgia and police corruption:
Ball, N., Biesheuvel, P., Hamilton-Baillie, T. and
Cracks in an anti-corruption success story, U4 Anti-
Olonisakin, F., 2007, Security and Justice Sector
Corruption Resource Centre, Chr. Michelsen Institute,
Reform Programming in Africa, DFID Evaluation
http://www.u4.no/document/publication.cfm?3748=
Working Paper 23,
police-reform-in-georgia
http://www.dfid.gov.uk/Documents/publications1/ev
aluation/sjr.pdf
Domingo, P., 2009, Why Rule of Law Matters, ODI
http://www.odi.org.uk/resources/download/3202.pdf
Batara, B.G. and Sukadis, B. (eds.), 2007, Border
Management Reform in Transition Democracies,
Europol, 2009, EU Organised Crime Threat
http://www.dcaf.ch/Publications/Publication-
assessment.
Detail?lng=en&id=39779
Foaleng, M., 2009, Key synergies between security
Bruce, D., 2003, Democratic Reform of Police – Any
sector reforms and the establishment of human security
Lessons for Kenya from South Africa?
and the rule of law in fragile situations, World Bank
http://www.gsdrc.org/go/display/document/legacyid
Headline Seminar on Rule of Law in Fragile and
/985
Conflict-Affected Situations,
http://siteresources.worldbank.org/EXTLICUS/Reso
Buscaglia, E., 2007, ‘Judicial corruption and the
urces/511777-1224016350914/5474500-
broader justice system’ in Transparency International,
1257528293370/FoalengHSpaperCLEARED.pdf
2007, Global Corruption Report: Corruption in Judicial
Systems,
Ferguson, C. and Isima, J.O. (eds.), 2004, Providing
http://www.transparency.org/publications/gcr/gcr_2
Security for People: Enhancing Security through Police,
007
Justice and Intelligence Reform in Africa,
http://www.ssronline.org/edocs/gfn060_pfsp2.pdf
Carbonell, M., 2007, ‘Judicial corruption and impunity in
Mexico’, in Transparency International, 2007, Global
Fluri, P. and Hadžić, M., (eds.) 2004, Sourcebook on
Corruption Report: Corruption in Judicial Systems,
Security Sector Reform, Geneva Centre for the
www.U4.no 9
Corruption in Justice and Security
Government of Uganda, 2002, A Participatory Poverty Magahy, B., Scott, D. and Mark Pyman, M., 2009,
Assessment on Safety, Security, and Access to Justice: Defence Corruption Risk in Sub-Saharan Africa: An
Voices of the Poor in Uganda, analysis of data relating corruption in defence
http://www.gsdrc.org/go/display/document/legacyid establishments to development outcomes,
/1034 Transparency International UK.
Hammergren, L., ‘Fighting judicial corruption: a Manion, M., 2004, Corruption by Design: Building Clean
comparative perspective from Latin America’, in Governments in Mainland China and Hong Kong.
Transparency International, 2007, Global Corruption Cambridge, MA: Harvard University Press.
Report: Corruption in Judicial Systems,
http://www.transparency.org/publications/gcr/gcr_2 Noel Pepys, M., 2007, ‘Corruption within the judiciary:
007 causes and remedies’ in Transparency International,
2007, Global Corruption Report: Corruption in Judicial
Headline Seminar on Rule of Law in Fragile and Systems,
Conflict-Affected Situations, http://www.transparency.org/publications/gcr/gcr_2
http://siteresources.worldbank.org/EXTLICUS/Reso 007
urces/511777-1224016350914/5474500-
1257528293370/FoalengHSpaperCLEARED.pdf Noel Pepys, M., 2003, Corruption and the Justice
Sector, USAID,
Hendrix, S., 2000, Guatemalan ‘justice centres’: the http://pdf.usaid.gov/pdf_docs/PNACT878.pdf
centerpiece for advancing transparency, efficiency, due
process, and access to justice,
http://www.gsdrc.org/docs/open/SSAJ37.pdf OECD, 2005, Security System Reform: What Have We
Learned? Results and trends from the publication and
Human Rights Watch, 2010, “Everyone’s in on the dissemination of the OECD DAC Handbook on Security
Game” Corruption and Human Rights Abuses by the System Reform
Nigeria Police Force, http://www.oecd.org/dataoecd/63/44/44391867.pdf
http://www.humansecuritygateway.com/documents/
HRW-EveryonesInOnTheGame.pdf Olawale, I. and Hendrickson, D., 2009, What is the
case for a security and justice focus in development
International Alert, 2010, Security and justice in Nepal assistance programming? An assessment of existing
District assessment findings, http://www.international- literature and evidence,
alert.org/sites/default/files/publications/Security%2 http://www.ssrnetwork.net/documents/Publications/
0and%20justice%20in%20Nepal_distirct%20assesm LiteratureReview/working%20paper%20literature%2
ent%20findings.pdf 0review.pdf
Karosanidze, T. and Christensen, C., 2007, ‘Georgia’s Pertio, R. and Kristoff, M., 2010, Fighting Corruption in
accelerated anti-corruption reforms’, in Transparency Security Sector Reform,
International, 2007, Global Corruption Report: http://www.usip.org/files/resources/PB%2032%20Fi
Corruption in Judicial Systems, ghting%20Corruption%20in%20SSR.pdf
http://www.transparency.org/publications/gcr/gcr_2
007 Pyman, M., 2005, Corruption and the lack of
transparency in defence procurement, Paper presented
Kupatadze, A, Siradze,G and Mitagvaria,G., 2006, to the ‘Arms trade and development’ conference,
Structural Reorganization and Staff Optimization in the Brussels, November 2-3, 2005.
Ministry of Internal Affairs in Di Puppo, L., 2010,
Georgia and police corruption: Cracks in an anti- Pyman, M., 2009, Building Integrity and Reducing
corruption success story, Chr. Michelsen Institute. Corruption Risk in Defence Establishments: 10
Practical Reforms, Transparency International UK,
León-Escribano and Aycinena, 2004, Defense Budget http://www.ti-
in Guatemala: Social Audit and Political Analysis,
www.U4.no 10
Corruption in Justice and Security
Pyman, M., 2011, Building Integrity and Reducing Transparency International, 2007, Global Corruption
Corruption Risk in Defence Establishments: 20 Report: Corruption in Judicial Systems,
Practical Reforms, Transparency International UK, http://www.transparency.org/publications/gcr/gcr_2
http://www.ti-defence.org/publications/88-building- 007
integrity-and-reducing-corruption-in-defence-and-
security--20-practical-reforms Transparency International, 2010, Global Corruption
Barometer,
Quah, J. S. T., 2006, Preventing Police Corruption in http://www.transparency.org/policy_research/surve
Singapore: The Role of Recruitment, Training and ys_indices/gcb/2010
Socialisation, The Asia Pacific Journal of Public
Administration, Transparency International, 2010, After the Conflict:
http://sunzi.lib.hku.hk/hkjo/view/51/5000823.pdf Nation-Building and Corruption, Working Paper,
http://www.transparency.org/publications/publicatio
Rynn, S. and Hiscock, D., 2009, Evaluating for security ns/working_papers/wp_04_2010_after_conflict
and justice: Challenges and opportunities for improved
monitoring and evaluation of security system reform, UNDP, 2007, Justice for All - an Assessment of Access
Saferworld, to Justice in Five Provinces of Indonesia.
http://www.saferworld.org.uk/downloads/pubdocs/E
valuating%20for%20security%20and%20justice.pdf UNODC, 2007, Fighting Corruption in Afghanistan: a
Roadmap for Strategy and Action,
Schärf, W., Non-State Justice Systems in Southern http://www.unodc.org/pdf/afg/anti_corruption_road
Africa: How should Governments Respond? map.pdf
http://www.gsdrc.org/docs/open/DS35.pdf
UNODC, 2008, Drug Trafficking as a Security Threat in
Schultz, J., 2009, The UNCAC and judicial corruption: West Africa, http://www.unodc.org/documents/data-
Requirements and avenues for reform, U4 Anti- and-analysis/Studies/Drug-Trafficking-WestAfrica-
Corruption Resource Centre, Chr. Michelsen Institute, English.pdf
http://www.cmi.no/publications/file/3457-the-uncac-
and-judicial-corruption.pdf UNODC, 2010, World Drug Report,
http://www.unodc.org/documents/wdr/WDR_2010/1.
Sedra, M., 2007, Security Sector Reform in Afghanistan 2_The_global_heroin_market.pdf
and Iraq: exposing a concept in crisis,
http://www.ssrnetwork.net/document_library/detail/ USAID, 2009, Reducing corruption in the judiciary office
4125/security-sector-reform-in-afghanistan-and- of democracy and governance, USAID program brief.
iraq-exposing-a-concept-in-crisis
Vera Institute of Justice, 2003, Measuring Progress
Shipley, T., Wegener A., and Pyman, M., 2011, Codes toward Safety and Justice: A Global Guide to the
of Conduct in Defence Ministries and Armed Forces: Design of Performance Indicators across the Justice
What Makes a Good Code of Conduct? A Multi-country Sector,
Study, Transparency International UK, http://www.ti- http://www.vera.org/download?file=9/207_404.pdf
defence.org/publications/90-codes-of-conduct-in-
defence-ministries-and-armed-forces 2004, Sierra Leone Justice Sector Development
Programme, http://www.britishcouncil.org/jsdp-
Tagarev, T., 2010, Building Integrity and Reducing project-memorandum.pdf
Corruption in Defence: A Compendium of Best
Practices, DCAF.
http://www.dcaf.ch/Publications/Publication-
Detail?lng=en&id=113983
www.U4.no 11