Monthly Archives: May 2012

KP2KKN Requests KPK Investigate Rembang Bupati

KP2KKN was reported to publicly request that KPK take over the investigation of current Rembang Regent, Moch Salim (Democrat)–for background see here, here and here.  The case was originally reported to KPK but was delegated to the Regional Police.  Little progress has been made in the last few years. The case is probably not sufficiently important for KPK and the suspect seems to have protection from Jakarta.  The case could proceed when the district head leaves office in 2015.

“Kasus Bupati Rembang ini awalnya ditangani oleh KPK, akan tetapi kemudian dilimpahkan ke Polda Jateng pada tahun 2010,” kata Koordinator Divisi Monitoring Kinerja Aparat Penegak Hukum KP2KKN Jateng Eko Haryanto di Semarang, Jumat.

Link to Antara Jateng article: KPK Diminta Tangani Dugaan Korupsi Bupati Rembang, via KP2KKN’s media blog here.  See also:

BeritaSatu.comKP2KKN Minta KPK Tangani Kasus Bupati Rembang.

detikNews: Mangkrak 2 Tahun, Dugaan Korupsi Bupati Rembang akan Dilaporkan ke KPK.

Solo PosKORUPSI REMBANG: KPK Diminta Ambil Alih Kasus Korupsi Bupati Rembang.

Korupsi.comKPK Didesak Ambil Alih Kasus-Kasus di Rembang.

Suara MerdekaDua Tahun Jadi Tersangka, Salim Belum Tersentuh.

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Taking prosecutor accountability seriously?

The New York Times reports on the US Justice Department’s release of a 672-page report into accusations that federal prosecutors mishandled the prosecution of the late Senator Ted Stevens for corruption.  The report recommended that two prosecutors be suspended without pay for short periods; the report did not judge the actions of a third prosecutor who led the investigation into Stevens and other cases of corruption in Alaskan politics, Nicolas Marsh, because he committed suicide in relation to the subsequent internal investigation against him.

The case, however, started to fall apart after it emerged that prosecutors had failed to turn over information, like conflicting statements by witnesses, that might have helped Mr. Stevens at his trial. Attorney General Eric H. Holder Jr., then new to the job, asked the judge to throw out the conviction, and both the court and the department began investigations. Mr. Stevens died in a 2010 plane crash.

Many of the department’s findings appeared to dovetail with a report by the court-appointed special prosecutor, which was made public in March. Both reports portrayed a rushed and poorly supervised preparation for the trial, criticizing Mr. Bottini and Mr. Goeke while withholding judgment about a third prosecutor, Nicholas Marsh, because he committed suicide.

Prosecutors Face Penalty in ’08 Trial of a Senator.

And this from an article by Jeffery Toobin in the New Yorker:

All the prosecutors in the case remain with the government except one. Nicholas Marsh, as a relatively junior lawyer in the Justice Department, built the case against Stevens, and, working with F.B.I. agents and local prosecutors, coördinated a massive investigation of corruption in the state’s politics. The efforts of Marsh and others resulted in nine convictions, including six guilty pleas, and culminated in the Stevens trial. But when that case fell apart Marsh suddenly found himself the subject of a criminal inquiry rather than the leader of one. Marsh came to feel that this scrutiny was destroying his life. Against his will, he was transferred by Justice Department superiors out of the élite Public Integrity Section and into the relative backwater of the Office of International Affairs, which does not conduct prosecutions. Marsh awaited the results of the two investigations, but months, and then a year, passed without either one coming to a conclusion. His impatience gave way to despair. On September 26th, Marsh committed suicide.

Casualties of Justice.

How does a Chief Justice come by $28 million?

This journalist in Malaya suggests that it was a gift from former President Gloria Arroyo:

He has to convince the senator-judges that the money came from somewhere not illegal but neither is it earned.

Is there such kind of money? Maybe there is! In fact, we have long heard two peers of the Chief Justice, one was then Head Magistrate, the other a retired associate justice from the province of Batangas, saying that he was keeping some money for President Arroyo.

Article link: Whose dollars are those?

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Burmese Parliament Approves Judicial Corruption Committee

The situation in Burma is evolving at an incredible pace.   The Irrawaddy reported a few weeks back that 500 complaints have been received since a Judicial Committee was established in September 2012 and that the parliament has established a committee to investigate and expose bribery and corruption in the judiciary. The article is, however, a little unclear about when the committee would be formed and who exactly would sit on it.  One to follow.

Article here: Judicial Corruption Inquiry Approved by Parliament.

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Former Philippines Chief Justice pockets $28.7 million over 8 years

Wow, prosecutors in the trial of Renato C. Corona, former Chief Justice of the Philippine Supreme Court, have presented evidence indicating that $28.7 million was deposited into 82 accounts maintained by Corona while he was on the court (he become Chief Justice in 2010).  Incredible.  Here’s the New York Times:

Prosecutors in the impeachment trial of Renato C. Corona, the chief justice of the Philippines, presented evidence on Monday that he had deposited $28.7 million into various bank accounts.

According to financial documents presented by the prosecution, Mr. Corona maintains 82 dollar-denominated accounts in five banks in the Philippines.

From April 2003 to December 2011, incoming transactions in the chief justice’s accounts, including deposits and bank transfers, totaled $28,740,497.93, the documents showed. This was when Mr. Corona was earning less than $935 per month as a Supreme Court justice.

I find it very odd that The Philippines has very strict privacy laws relating to bank accounts in foreign currencies.  What’s the rationale for that?

Prosecutors rested their case on Feb. 28, but were unable to access Mr. Corona’s dollar accounts because of strict Philippine secrecy laws regarding bank deposits in foreign currencies.

The account information was permitted to be entered as evidence on Monday because of a provision in the secrecy laws that grants the Anti-Money Laundering Council, a semiautonomous Philippine government agency, access to bank records related to suspicious accounts.

Renato C. Corana was former President Arroyo’s chief of staff before he was appointed to the Supreme Court in 2002.

Certainly the National Police Chief does well for himself, but I wonder if the Indonesian Chief Justice commands anywhere near this amount?

Link to the article: Prosecutors Say Philippine Chief Justice Had $28 Million.

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Court rules four months to prosecute corruption

The Supreme Court of India recently ruled that the government must decide within four months to prosecute corruption cases. This has reportedly been prompted by delays in the prosecution of A Raja, the former telecoms minister, who is alleged to have caused state losses of $40 billion in the auction of mobile phone spectrum.  It seems that inaction in the legislature to strengthen anti-corruption laws may have forced a shift to a friendlier institution, the Supreme Court.  This from the BBC:

India’s government must decide within a set time frame whether a public official can be prosecuted for corruption the Supreme Court says.

If a decision is not made within four months, the sanction for prosecution will be deemed to have been granted.

[…]

An earlier Delhi High Court ruling had refused to give direction to the prime minister on decisions on such prosecutions.

However, the Supreme Court ruled that filing a complaint under the Prevention of Corruption Act was a constitutional right that required a response within a set time frame.

Justices GS Singhvi and AK Ganguly ruled in favour of Mr Swamy’s petition.

Mr Swamy, who had complained of an “inordinate delay” of more than 16 months in the decision to prosecute Mr Raja, said the ruling was a slap in the face for the government.

Link to the article: India court in key ruling on corruption prosecutions.

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MAKI Requests Pre-Trial Hearing in Karanganyar Case

The NGO MAKI has requested that the Semarang District Court conduct a pre-trial hearing (praperadilan) in relation to the Griya Lawu Asri corruption case in which the current Karanganyar Regent, Rina Iriani Sri Ratnaningsih, has been named a suspect.

Koordinator MAKI Boyamin Saiman mengatakan gugatan tersebut dilakukan karena Kejati tidak melakukan penyidikan terhadap Rina yang telah ditetapkan sebagai tersangka oleh Kejaksaan Agung (Kejagung) RI sejak 13 Oktober 2010.

“Penetapan tersangka tersebut jelas terlihat pada surat laporan jampidsus dengan nomor R-3209/0.3/Fd.1/10/2010 yang dikeluarkan atas hasil gelar perkara pada 7 Oktober 2010 oleh Kejagung RI, tapi kenapa sampai sekarang tidak ada tindakan nyata,” tandasnya.

MAKI has pioneered the use of pre-trial hearings to review delayed and discontinued corruption investigations.

Kompas.com article: Berhentinya Kasus Bupati Karanganyar Digugat.

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Sukawi Pre-Trial Hearing

DetikNews.com reported on the pre-trial hearing in the Sukawi Sutarip case  held on 2 May 2012 — see here and here for background on this case.  The article is not very clear about the arguments put forward.  The provincial High Prosecutor seems to be arguing that they found no evidence that funds were diverted (penyimpangan) whereas Slamet, of LBH Semarang, is quoted arguing that the law only requires that state losses could (dapat) have resulted from legal violations that enriched the perpetrator.  If the investigators found no evidence of corruption it seems unusual that the investigation went as far as naming the former Mayor as a suspect. 

“Di situ tercantum ‘setiap orang yang secara melawan hukum melakukan perbuatan memperkaya diri atau orang lain atau suatu korporasi yang dapat merugikan keuangan negara atau perekonomian negara’. Kata ‘dapat’ dilihat dari delik formil bukan materil jadi tidak harus ada kerugian,” papar Slamet.

Mantan Walikota Semarang, Sukawi Sutarip, terjerat kasus dugaan korupsi dana komunikasi APBD Kota Semarang tahun 2004 sebesar Rp 2,4 miliar dan dana tak terduga sebesar Rp 2,7 miliar. Lalu pada 28 Oktober 2010 Kejati Jateng menerbitkan SP3 terhadap Sukawi yang sudah ditetapkan sebagai tersangka.

Link to DetikNew.com article: Sidang Perdana Pencabutan SP3 Mantan Wali Kota Semarang Digelar, via KP2KKN’s media blog here.

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New Whistle Blower Website Launched

The Institute for Government Procurement of Goods and Services (LKPP) announced on 30 April 2012 the launch of a new website for anonymous reporting of corruption in government procurement.  This may be useful, but initial reports of corruption are already plentiful.  The real challenge begins, however, when the investigators collect evidence.  It is very difficult to ensure anonymity at this stage and those that provide testimony and/or documentary evidence can face retaliation for doing so.

Lembaga Kebijakan Pengadaan Barang/Jasa Pemerintah (LKPP) meluncurkan Whistle Blower Sistem Pengadaan Barang/Jasa Pemerintah. Program ini diluncurkan ini dengan beroperasinya website resmi whistle blower http://www.wbs.lkpp.go.id.

Kepala LKPP Agus Rahardjo menjelaskan, pengembangan sistem Pengadaan Barang/Jasa pemerintah dilakukan sesuai dengan amanat yang terdapat pada Instruksi Presiden Nomor 17 Tahun 2011 terkait Pencegahan dan Pemberantasan Korupsi.

As reported in SuaraMerdeka.com LKPP Luncurkan Program Whistle Blower via KP2KKN’s media blog here.

 

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