Thursday, August 7th, 2008

Truth and Accountability Commission (Tac) yesterday asked two corruption suspects seeking absolution to apply through Anti-corruption Commission (ACC) as they are being investigated by the latter.

Meanwhile, Tac Chairman Justice Habibur Rahman Khan yesterday said following the Voluntary Disclosure of Information Ordinance 2008, his commission will not look into how big a corruption is or how high-profile a suspect is while considering applications for mercy.

Tac and ACC will work in cooperation with each other and the latter should comply with the ordinance while dealing with issues regarding Tac that has been formed for the welfare of the people and the country, said the Tac boss during a regular news briefing in his office.

Tac however has yet to get directions regarding the procedure of taking over illegal properties of admitted corruptionists who will seek absolution from the commission by disclosing to it information about their corruption and by surrendering their illegally earned wealth or an equivalent amount of money to the government exchequer.

“Two people came to the commission seeking absolution through voluntary disclosures. But we didn’t accept the applications and referred them back to ACC, as it is investigating their corruption,” said Habibur Rahman Khan.

No further detail about the two applicants, however, could be known as Tac had decided not to make public any information about absolution seekers, with the objective of encouraging corruption suspects to come forward for making voluntary disclosures about their graft.

The Tac boss also explained that his commission could not interfere in the two cases that were sent back to ACC, because the ordinance did not allow it to do so. So Tac advised the two petitioners to apply through ACC.

“We hope you will not demand transparency to an extent which will affect the spirit of the Tac ordinance. We can’t give you every detail of the disclosures. If we do so, suspects will be discouraged from coming forward to confess,” the Tac chairman said when journalists repeatedly requested him to make public the information about corruption of absolution seekers for the sake of transparency.

“If a situation arises when it will become necessary to disclose information about an applicant for the welfare of the people and the country, we will advise the government to bring amendments to the ordinance. And we will also think about the matter while formulating the rules of the commission,” Habibur Rahman said.

“This opportunity should be availed by the corruption suspects. It is not about transaction of money, rather it is about bringing discipline back in social, political and economic sectors,” Habibur added.

ACC Director General (Admin) Col Hanif Iqbal, however, told reporters that their commission did not receive any application yet from any person who had been sent back by Tac.

The authorities concerned like the Election Commission (EC) will be informed officially about corruption suspects and their disclosures, he added.

The Tac chief said his commission does not think that there will be any conflict between ACC and Tac. Everything will be resolved through cooperation in accordance with the ordinance, he added.

Replying to a question regarding a recent comment made by ACC Chairman Hasan Mashhud Chowdhury in which he said his commission will not compromise in the cases involving large-scale corruption, the Tac chief said, “I don’t know how it will be determined which is a big case and which is a small one. Does a big case refer to corruption involving a large amount of money or the profile of the suspect? I don’t know big, middle or small. To me a case is a case under our jurisdiction, no matter who the person is.”

Replying to another question the Tac chairman said they will not investigate how true the disclosures are. If an applicant for absolution conceals information from the commission that can be dealt with by other government institutions, he said.

“Tac will deal with only the disclosures a corruption suspect will make before it,” Habibur said.

When asked about how Tac will confiscate an admitted corruptionist’s illegal property after the person expresses willingness to surrender it voluntarily, Habibur Rahman said, “We have yet to receive directions regarding that. We are still waiting for the directions. As we have not accepted any case yet, we have not faced any difficulty till now.”

Tac yesterday once again explained the process of petitioning for mercy. Corruption suspects not yet accused in any case and not yet a subject of any investigation by any government institution may seek absolution directly from the commission, while suspects already accused in cases or already under government investigations, have to apply through agencies concerned like ACC and NCC, and through courts, before charges are framed against them.

Tac will also be able to subpoena any person, if that person’s appearance before the commission is deemed necessary by it for adjudication of a petition.

Tac also finalised the format of the application form required to be submitted by absolution seekers, and announced that the form will be available from the commission’s office only to prospective petitioners following interviews.

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