Bangladesh News

The much talked about Truth and Accountability Commission (Tac), the newest institution for dealing with graft charges in the country, finally started operating yesterday letting corruptionists seek mercy by voluntarily confessing to their graft, and by depositing their ill-gotten wealth to the state exchequer.

“This is a great opportunity for us, for the people of Bangladesh. Let people come here and be purified by confessing to their corruption, if they feel repentant, and let us embark on a new journey to working for the people and for the welfare of the country,” said Tac Chairman Habibur Rahman Khan, immediately after the commission began operating officially.

The commission, with a tenure of five months, launched its operation by issuing a public notice about its objectives, perspectives, and jurisdiction. Habibur Rahman Khan, who is a retired judge of the High Court, discussed the issues with journalists in an introductory briefing in the Tac office on Hare Road in the capital.

Graft suspects may apply to the commission by September 1 of this year for making voluntary disclosures about their corruption, the public notice said.

The idea of Tac came into being for relieving the state and the judiciary from the overwhelming burden of adjudicating a large number of graft cases, and to let economic and industrial development continue unhindered. The commission also aims at cutting short the time for dealing with graft cases.

“I am not a pessimist. I can’t sit around thinking about what other people could not achieve. I don’t believe in that. We will do our best. Tac has been created with a mission of realizing a vision,” said Habibur Rahman Khan replying to a question regarding whether a five-month period will be enough for the commission to deal with the huge task in its hands.

“Corruption has hit our country on such a large scale that it will be time consuming if you want to catch all of them. Trials will continue without an end and at one point a half of the capital will have to be turned into jails,” the Tac chairman quipped.

Against the backdrop of corruption suspects getting bail and widespread speculation that Tac might be an idea for protecting particular graft suspects, Habibur Rahman Khan said, “Tac has not been formed to protect any particular person. It has been formed with a great objective and we are very clear about it. We will follow the ordinance while carrying out our duties.”

He, however, said although it is a commission for granting mercy to repentant corruption suspects, there will be punishments for the admitted corruptionists. They will be considered ineligible for contesting in any national or local election, for holding any public office or executive position in any collective bargaining agency, association, bank, or financial institution for five years.

The Tac boss also said persons willing to make voluntary disclosures about their corruption may apply to the commission for mercy on a form available from the commission’s office, giving details of his or her moveable and immovable properties and other relevant information.

Persons willing to voluntarily disclose their ill-gotten wealth will be exempted from prosecution and imprisonment, subject to surrendering their illegal property or the corresponding amount of money to the state exchequer. But violation of the commission’s directives and providing wrong information to the commission will constitute offences punishable by imprisonment for a maximum of five years, the commission said.

A person already charged with corruption, or convicted in a case, will not have recourse to the commission. If a corruption suspect applies to a court for facing Tac before indictment or arraignment, the commission will consider the suspect’s application along with those coming through the Anti-corruption Commission, and the National Coordination Committee against Severe Crimes and Corruption, the commission said.

The commission will also have the authority to hold public hearings as well as closed-door hearings of confessions considering specific situations. A suspect willing to face the commission may also appoint a lawyer in his or her defence with permission from it.

Although the commission will deal with corruption and corrupt practices, it will not deal with voluntary disclosures of offences involving arms, drugs, human trafficking, prostitution, violence, murder, rape, etc, the Voluntary Disclosure Ordinance 2008 stipulates.

President Iajuddin Ahmed constituted Tac on July 30 by appointing the chairman and the two members — former comptroller and accounting general Asif Ali and Maj Gen (retd) Manzur Rashid Chowdhury.

On May 25 the council of advisers to the caretaker government at a meeting approved the proposal for setting up a Truth and Accountability Commission under the Voluntary Disclosure Ordinance 2008. Law Adviser AF Hassan Arrif on July 23 announced that the commission would start functioning in 10 days.

Until formulation of necessary rules, the commission will be run on the basis of its chairman’s discretion. The government has already posted 26 officials and employees on deputation under the commission.

According to the ordinance, the government will formulate the rules for Tac in consultation with the commission.