Truth commission set up in BD

Published May 27, 2008

DHAKA, May 26: The military-controlled government of Bangladesh on Sunday finalised the much talked about decision to set up a ‘truth commission’ to allow corruption suspects to voluntarily admit to their corruption, deposit ill-gotten wealth to the public exchequer and seek mercy.

The decision was finalised at the weekly meeting of the council of advisers with chief adviser of the non-party caretaker government, Dr Fakhruddin Ahmed, in the chair. The official name of the commission will be ‘Truth and Accountability Commission’, which will be set up under the Voluntary Disclosure Ordinance, 2008.

The commission will be set up for five months, while the government will appoint the commission immediately after promulgation of an ordinance to this effect, said the press secretary of the chief adviser.

Some politicians found the government move a travesty of justice, arguing that the move has proved that the government had bowed to high-profile corruption suspects.

Workers Party general secretary Bimal Biswas said the provisions of the truth commission would only help protect the corrupt persons, and said ‘It will not help expedite the anti-corruption drive.’

The general secretary of the Communist Party of Bangladesh, Mujahidul Islam Selim, said that ‘formation of such a commission is, in a way, surrender to the pressure of influential corrupt persons.’

However, the proposed commission would exist for five months, but the proceedings during its tenure would continue until disposal of the cases, said the concerned officials.

The proposed commission would be comprised of a chairman, preferably a retired chief justice or a retired judge of the Appellate Division of the Supreme Court, and two members – to be selected from among persons not below the status of a retired major general of the armed forces or a retired secretary to the government or an eminent citizen.

Persons willing to disclose voluntarily their ill-gotten wealth will be exempted from prosecution and imprisonment subject to surrendering the property or corresponding amount of money with the state exchequer, according to the proposed law.

The person must apply to the commission for mercy in prescribed forms giving details of their moveable and immovable property and other information.

A person already charged with or convicted in a corruption case will not enjoy the benefit of the provision, according to the draft.

The commission will have the authority to summon any persons believed to be involved in corruption or found to be involved in corruption on the basis of such disclosures. It will also have the authority to confiscate the ill-gotten wealth.

The commission will not generally sentence anyone making disclosure of their corruption to any prison term. But violation of the commission’s directives will constitute an offence punishable with imprisonment for a maximum five years.

Persons disclosing their corruption will be debarred from national or local elections for five years, holding any public office, executive positions in any collective bargaining agents, associations or banks or financial institutions.

The proposed law makes a provision for giving information of others involved in the process of corruption, and the commission could launch investigation on the basis of the information.

Notably, the government launched a crackdown on serious crimes and corruption in February, 2007 and detained more than 200 high-profile suspects, mostly politicians from two major parties – Bangladesh Nationalist

Party and Awami League. Two former prime ministers, Khaleda Zia and Sheikh Hasina, are among the top leaders detained by the government.

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