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Download PDF The Truth and Accountability Commission will have the power to hold closed-door hearings on corruption or corrupt practices in certain cases, although there will be provision of public hearings.
The draft of the proposed law, “Voluntary Disclosure Ordinance, 2008″ says the Commission may hold such hearings if there is a “likelihood” that an open hearing will result in harming the person concerned.
The Commission may also hold such a hearing on appeal of the person who has made the voluntary disclosure before it.
Though someone taking the advantage of voluntary disclosure will not have to serve in jail, they will be awarded up to five years if they commit the offence of not complying with the commission orders.
In case of the closed-door hearings, no-one else will be present at such proceedings or any part of it, says the draft. Besides, there is a provision in the draft to have legal representation subject to the permission of the commission.
Every member of the three-member commission will preserve and take part in preservation of the confidential matters as identified by the ordinance or the commission.
The much-talked-about Truth Commission will be constituted for six months under the Voluntary Disclosure Ordinance, 2008, which is now in the making.
The Commission will deal with a person who applies for voluntary disclosure seeking leniency, a person seeking to make disclosure after their name comes up in another person’s disclosure, and persons referred by NCC (National Coordination Committee on Corruption and Serious Crimes), the Anti-Corruption Commission (ACC) and by any court dealing their cases.
If a court, ACC or NCC refers a person to the Truth Commission, they will have to make the voluntary disclosure in two weeks.
The NCC may refer a person when it has reasons to believe that that person is a party to a corrupt practice or is known in the society as corrupt and when that person expresses willingness to it to make voluntary disclosure.
On the other hand, ACC may refer a person when it finds someone’s involvement in corruption or corrupt practices during inquiry or investigation and if the person expresses interest to make voluntary disclosure.
While a court may refer anyone who is either on bail or in custody if they express interest for voluntary disclosure during charge framing in the court.
In such cases, the court will stop the proceedings against such persons after the Truth Commission passes its orders and returns the case records to the court.
But if the commission refuses to receive voluntary disclosure of a person and sends the case records to the court, the proceedings against them will resume.
Besides, the commission will have the jurisdiction to summon anyone on its own if it receives information or has reasons to believe that they are involved in corruption or any corrupt practices, and may ask them to make voluntary disclosure of their offences.
Once they are summoned, they will also have to make voluntary disclosure in two weeks.
FUNCTIONS
The Truth Commission will have the power to ascertain whether certain corruption and corrupt practices are the result of deliberate planning on part of the person concerned or of other persons or groups, the draft says.
It will also ascertain whether the person is the principal offender or an abettor, and whether they were involved in the acts against their will.
Upon examining the voluntary disclosure and documents, facts and attending circumstances including examination of any person, the commission, if considers necessary, will direct the person to make reparations to the state of an amount they have made or gained or benefited through corruption and corrupt practices.
It will also direct the persons for refund, return, seizure, forfeiture, sequestration, attachment and confiscation of any unduly received, gained, profited, made and acquired money, movable and immovable property, assets, concessions, franchise, business, benefit, profit, gain, advantage, etc.
If any person appears not true and honest in their disclosure or if their corruption and corrupt practices are “of such grave nature affecting the national interest and economy that they ought not to be dealt with leniently”, the commission may decline to accept their disclosure.
LENIENCY PROCEDURE
A person willing to make voluntary disclosure will have to apply within 30 days of establishment of the commission, while anyone referred by ACC, NCC and the court will have to apply in 60 days.
The Truth Commission may give priority to those in the custody.
Upon its establishment, the Commission will issue public notices through the press and other media to inform the people about its role and scope and the people’s right to make voluntary disclosure.
If the commission summons anyone to verify information given by another and the summoned one fails to appear before the Commission, a metropolitan magistrate can award him a three-month imprisonment.
OFFENCES
A metropolitan magistrate can fine a person not exceeding Tk 1 lakh or order imprisonment for a period not exceeding six months or both if anyone who anticipates any findings of the commission calculated to influence its hearings or such findings, does anything calculated improperly to influence the commission or anything may amount to contempt of court.
The same punishment is applicable for a person who hinders the commission or its members or staff from their exercise, performance or carrying out of their power or functions, and persons who, being subpoenaed, called or summoned, fail to attend or remain until the conclusion of the hearing or refuse to be sworn in or make affirmation as required by the Commission.
The same punishment applies to those who will disclose any confidential information in contravention of the ordinance or destroy any document relating to or in anticipation of any examination or hearing by the Commission in terms of the ordinance.
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