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Download PDF People sentenced to two years or more for corruption or corrupt practices won’t be allowed to make voluntary disclosure before the Truth and Accountability Commission within five years of their release.
The three-member Truth Commission would be a combination of former officials from the judiciary, military and civil administration.
An eminent citizen can also be appointed to the commission, according to the draft of the “Voluntary Disclosure Ordinance, 2008″.
The commission may have up to six sub-commissions with its headquarters in Dhaka to cover the whole country.
In addition to having no provision to challenge the commission’s orders, its members will also enjoy indemnity for any of their official activities, says the draft.
Besides, the commission will be independent, free from any political or other bias or interference, adds the draft prepared by the four-member expert committee of Barrister Rokanuddin Mahmud, advocate MR Hasan, advocate Anisul Huq and Brigadier General Nur Mohammad.
The commission will complete and conclude each case of voluntary disclosure within seven days from its beginning “unless there is a compelling reason for extension of time”. The extension however cannot be more than seven days.
The commission will comprise three members including a chairman, all to be appointed by the president in consultation with the government, says the draft.
“Here government means head of the government,” Anisul Huq told The Daily Star on Saturday.
Those who are eligible to be members are a former chief justice, a retired judge of the Appellate Division, a retired officer of the armed forces not below the rank of major general, a retired public servant who held the post of secretary other than a person who served as chairman of National Board of Revenue, chairman or member of the Anti-Corruption Commission, director general of erstwhile Bureau of Anti-Corruption, inspector general of police, and an eminent citizen.
Meanwhile, a retired judge of the High Court, a retired civil servant not below the rank and status of additional secretary, a retired officer of the armed forces not below the rank of brigadier general, and an eminent citizen can be appointed to the sub-commission.
The president will appoint one of the members as the chairman of the commission or sub-commission.
The commission may recommend that the government form sub-commissions not more than six, which will follow the commission’s decision for receiving, recording and processing voluntary disclosures to minimise the commission’s workload, says the draft.
The sub-commissions will not have the power to pass decision or refuse any voluntary disclosure.
The government, on receiving recommendations of the commission, will immediately form three sub-commissions each having two members including a chairman.
No member of the Truth Commission or the sub-commission will be above 72 years.
People who won’t be entitled to join the commission or sub-commission include those having reputation of being corrupt, convicted of any criminal offence by any court excepting any traffic offence, member or ex-member of political party (who has not passed 10 years since ceasing to be a member), one against whom disciplinary proceeding is pending before any forum, and an un-discharged bankrupt.
Though the commission will deal corruption and corrupt practices, it will not deal with a voluntary disclosure of offences involving arms, drugs, human trafficking, prostitution, violence, murder, rape, etc, the draft categorically mentions.
On independence of the commission, the draft says, “The commission shall function independently in discharge of its responsibilities and exercise of powers free from any interference from the government or any other person or authority or body.”
On indemnity, the draft reads: “No member or staff of the commission or a sub-commission or person performing any task on behalf of the commission or a sub-commission shall be sued or prosecuted or be liable for anything done or caused to be done in course of performing his functions as a member of the commission or a sub-commission.”
Talking on the bar to disclosure by persons convicted for a term not less than two years for corruption or corrupt practices, MR Hasan told The Daily Star yesterday: “There will be restriction on the Truth Commission to receive disclosure of such people for five years since completion of punishment.”
A main principle for dealing with voluntary disclosure is to take measures to minimise the inconvenience to the persons making the disclosure and, when necessary, to protect their privacy to ensure the safety of them and their families and to protect them from intimidation.
There will be no scope of appealing against the Truth Commission’s order. “This is a one-stop place,” observed Anisul Huq.
The government in consultation with the commission may make rules for the commission, which will get its necessary manpower and budget from the government.
Saying that the commission will be independent, Anisul Huq said it would chiefly have association with the home and law ministries.
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