On 6th March 2008 the Corruption Prevention and Combating Bureau (KNAB) submitted amendments to the Law on Corruption Prevention and Combating Bureau for announcement at the State Secretaries’ Meeting. The amendments envisage a status of an autonomous state institution for KNAB as specialized anti-corruption body.
The provision of independent status of specialized anti-corruption institutions is one of cornerstones for effective fight against corruption as it is also stipulated in the UN Corruption Against Corruption which Latvia joined on February 2006. Convention foresees that each State Party shall grant the anti-corruption body the necessary independence to enable the body to carry out its functions effectively and free from any undue influence.
Considering that within the competence of KNAB are such issues as disclosure and investigation of cases related to various aspects of corruption, as well as its work is closely related to activities of public officials and control over political parties financing, it should be acknowledged that the current KNAB’s subordination to the Cabinet of Ministers creates potential interests clash among KNAB and public officials from its supervising institutions, thus generating grounds for questioning its institutional independence.
A status of an autonomous state institution would provide that KNAB is able to implement its functions as stipulated in law in full independence. The necessary supervision over KNAB’s criminal proceedings and operational activities still will be carried out by Prosecutor’s General Office. Administrative acts issued by KNAB can still be appealed in court in the same way as previously. Besides that, as it was done before, KNAB will submit its semi-annual reports on activities and implementation of a budget to the Cabinet of Ministers and Parliament (Saeima).
By providing an autonomous state institution’s status to KNAB, simultaneously the procedure for dismissal of the KNAB’s Director would be foreseen. In this way the possibilities to interfere in the work of the KNAB would be diminished to the utmost and thus, the necessary balance between independence and responsibility would be ensured.
The amendments envisage that the KNAB’s Director can be dismissed from the position if it has been established, as provided in the law, that he/she does not comply with the requirements stipulated in the law, or he/she is a member of a political party or of an association of political parties, or he/she has permitted an intentional violation of law or omission and it has caused substantial harmful consequences.
Prime Minister has to form according to the procedure set by the Cabinet of Ministers a commission headed by the Prosecutor General or his/her appointed specially authorised chief prosecutor for evaluation of these reasons.
The amendments foresee provision of decision making rights on various cases to the KNAB’s Council. Thus, transparency of the decision making process would be ensured and the management of the KNAB would not be concentrated only in the hands of the Director of KNAB. It is anticipated that the Council would consist of Director, Deputy Directors and four Heads of Divisions of the KNAB.
Currently the law envisages that KNAB is a public administration institution under the supervision of the Cabinet of Ministers which actually means the rights of Prime Minister to examine the lawfulness of decisions taken by the Director of KNAB, as well as to revoke unlawful decisions and to order to take a decision in cases of unlawful failure to act. Thus, Prime Minister as a higher institution has possibilities to have an impact on KNAB’s activities which can create certain threats to the independence of KNAB.