The government and the Anti-Corruption Commission shall initiate investigation and accountability in the violations and infringements mentioned in the report of the State Audit Administrative Control Bureau

So That Corruption Does Not Enjoy Immunity and It Becomes Impossible to Combat It

The government and the Anti-Corruption Commission must initiate investigation and accountability in the violations and abuses mentioned in the report of the State Audit & Administrative Control Bureau.

The report released by the State Audit & Administrative Control Bureau at the end of its strategic plan (2017-2021) deals with many violations of the provisions of the applicable laws, excesses in expenditures, and the lack of observation of the regulations of administrative and financial work, including the lack of the internal control unit in the Ministry of Justice, the Judicial Council, Forensic Medicine and the Institute Judicial procedures of a manual of procedures, an annual plan, and a revenue report, and their failure to provide the State Audit & Administrative Control Bureau with reports in accordance with what the law requires, and the absence of a specialized financial officer, and receipt of receipt or audit of manual bond books, and bond books are not counted.

The report indicates unpaid cash advances over the years in the Constitutional Court, financial disbursement without a legal basis, the purchase from outside the supply department tenders, the splitting of bills, and the disbursement of a mobile phone allowance to all 52 employees inside the court without evidence that the interest of work requires this. Moreover, the report indicates that more than half of the court’s budget is allocated to payroll and employee rewards, with no clear basis and planning for the process of rejecting employees, as 42 employees were appointed without clear foundations that show the actual need, in addition to the appointment of 10 employees on contracts and daily work in 2017, and 9 other employees during the year 2018, some of them are in excess of the court’s need, in addition to the appointment in violation of the law and without announcing the availability of a vacancy, the lack of proportionality between the outputs of the General Secretariat of the Court and the legal position of the Secretary-General, the accounting program is completely absent, there are no bank reconciliations, the total revenues did not match, and granting administrative bonuses to a number of court employees despite the absence of an approved organizational structure, assigning a female employee the tasks of the Director of the Administrative Control Department in the Internal Control Unit, in contrast to the Staff Office’s statement that her practical qualification does not fit the work requirements, and the failure to prove expenses on paper books and records, and the approval of Editable excel file.

Therefore, in accordance with the provisions of Article (26) of State Audit & Administrative Control Bureau, the President of the Board submits his reports, including the results of his investigations, studies, research, proposals, committed violations and responsibilities resulting therefrom, and observations and recommendations in respect thereof, to the President, the Legislative Council and the Council of Ministers, to take the necessary action, and in accordance with the provisions of Article (30) from the same law to request that the employee be suspended from the work of his job, or temporarily removed from it, and he must, in accordance with the provisions of Article (5) of the decree-law amending the Law of the Bureau, publish the annual report and the reports issued by the Bureau for public viewing.

In accordance with the provisions of the Anti-Corruption Law, the Anti-Corruption Commission performs its work based on a complaint or knowledge of violations that may fall under the umbrella of corruption crimes. For what proves his guilt, and the government, in accordance with the provisions of the law of the Office of Financial and Administrative Oversight and the decision of the law amending it, and upon receipt of the report of the Bureau, take the necessary legal requirement to address the violations and abuses and hold the perpetrators accountable in accordance with the law that obliges the government to take the necessary and legal action to ensure that the violations are addressed and the perpetrators of abuses accountable And violators of the obligations of the public office, as this violation is a crime of corruption, and although the anti-corruption report was handed over to the President and the government and was published, the government did not announce the measures it took to address the violations, hold the perpetrators of abuses accountable, and the violators of the obligations of the public office, and the Anti-Corruption Commission did not announce for taking the necessary measures to ensure that treatment and accountability. In accordance with the provisions of the Anti-Corruption Law, the Anti-Corruption Commission performs its work based on a complaint or knowledge of violations that may fall under the umbrella of corruption crimes. The commission shall refer a person against whom there is evidence that he has committed a corruption crime to the Public Prosecution to take the legal requirement, and refer him to the Corruption Crimes Court to ensure accountability for what proves his guilt of committing it. The government, in accordance with the provisions of State Audit & Administrative Control Bureau Law and the decree amending it, and upon receipt of the Bureau’s report, shall take the necessary legal requirement to address violations and abuses and hold the perpetrators accountable in accordance with the law that obligates the government to take the necessary legal action to ensure that the violations are addressed and the perpetrators of abuses and violators of the obligations of the public office are held accountable, as that violation is a crime of corruption. Although the anti-corruption report was delivered to the president and the government and published, the government did not announce the measures it took to address violations and hold perpetrators of abuses and violators of the obligations of public office accountable. The Anti-Corruption Commission did not announce that it had taken the necessary measures to ensure that treatment and accountability.

 

We, MUSAWA - The Palestinian Center for the Independence of the Judiciary and the Legal Profession, call on the government and the Anti-Corruption Commission to take what the law requires them to do without delay or procrastination, so that the Bureau’s report does not turn into papers that are deposited in stores or libraries in a way that wastes its value and the purpose of its preparation. Also, so that none of the perpetrators of corruption crimes or violators of the obligations of the public office will escape punishment and administrative and penal accountability in order not to deepen the crisis of citizens’ confidence in the performance of the government and the executive authority, in order not to increase the circle of those affected by the repetition of the violations mentioned in the report, in a way that immunizes administrative and financial corruption rather than combating it, while punishing and firing those reporting about corruption rather than protecting and rewarding them.

 

Issued on: 14-11-2021                                                                               MUSAWA

 

 

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