International Anti-Corruption Day: Under AL, ACC became a political weapon
Established to combat corruption, the Anti-Corruption Commission has gone on to become a tool for the Awami League government to suppress opposition to the ruling party.
Over the past decade or so, the commission has primarily targeted individuals opposing the incumbent government while investigations into ruling party members' corruption rarely progressed despite credible allegations.
"ACC has remained embarrassingly ineffective over the years," Iftekharuzzaman, chief of the ACC Reform Commission, told The Daily Star.
The top appointments were based on partisan political basis and the next level of ACC leadership of director generals and secretaries have been under the exclusive control of bureaucracy.
As a result, the commission has remained hostage to partisan political and bureaucratic influence, which made it dysfunctional, according to Iftekharuzzaman.
"The ACC is as good as the government is. Everyone thinks that the ACC runs on the whims and fancies of the government -- it's not too much of a lie," said Moydul Islam, who served as the ACC's director general from 2015 to 2019.
Meanwhile, the ACC has become virtually ineffective now after the resignation of the commission led by Moinuddin Abdullah on October 29. The commission cannot decide on any new inquiries, investigations or cases.
Amid the situation, the ACC is set to observe the International Anti-Corruption Day today with the theme "Uniting with Youth Against Corruption: Shaping Tomorrow's Integrity".
"The ACC is as good as the government is. Everyone thinks that the ACC runs on the whims and fancies of the government -- it's not too much of a lie."
The commission has the independence to address minor corruption but lacks the authority to tackle major scandals involving vast sums of money, several ACC directors told The Daily Star on the condition of anonymity.
Occasionally, investigations into high-profile individuals close to the government are initiated under pressure. Rarely are they completed, they said.
After the interim government assumed power on August 8, the ACC decided to investigate about 150 AL leaders.
The list includes notable names such as former lawmaker and AL joint secretary Mahbubul Alam Hanif, former lawmaker Pankaj Nath, Nurunnabi Chowdhury, Abdus Sobhan Golap and former land minister Saifuzzaman Chowdhury.
The ACC filed a case against former home minister Asaduzzaman Khan and his family for amassing illegal wealth.
But there are hardly any instances of taking action against such people in the last 15 years.
Some investigations only began following court directives, not from ACC's initiative.
For example, in 2022, a complaint against former Gazipur mayor Jahangir Alam over fund embezzlement from development projects gained traction only after a court writ was filed.
The same happened in the case of Abdus Sobhan Golap, once a special assistant of ousted prime minister Sheikh Hasina.
The ACC started investigating complaints of his amassing nine properties in the US only after a court directive.
Conversely, BNP leaders faced corruption cases against them during the AL's 15-year rule, all of which were dismissed after the regime's fall on August 5.
Prominent figures, including BNP Chairperson Khaleda Zia, Standing Committee members Mirza Abbas and Khandaker Mosharraf Hossain, and Chairperson's Adviser Zainul Abedin Faruk, were acquitted due to lack of evidence.
On August 29, Mirza Abbas was acquitted in two graft cases. The Special Judge Court-6 of Dhaka in the verdict stated that allegations brought against Abbas could not be proved.
On November 26, the ACC acquitted Faruk in a case filed for not submitting his wealth statement to the ACC as the prosecution failed to prove the charges brought against him.
On December 1, the ACC acquitted Mosharraf in a graft case as the charges against him could not be proved.
The ACC has allowed itself to protect and provide impunity to those linked with power and on the other hand harass the political opponents of the ruling party or individuals disliked by the government for one or another reason, said Iftekharuzzaman, also the executive director of Transparency International Bangladesh.
"That ACC failed to take any action against high-level individuals including ministers, MPs, and other banking and financial sector swindlers of the authoritarian regime until August 5 despite having credible information proves that their decision making has been based not on the merit of allegations but the status and identity of individuals."
They demonstrated the same practice when they sweepingly withdrew cases against opponents of the former regime when it became clear that they could become power holders as a result of the transition, he said.
No new decisions on new inquiry, investigation and prosecution can now be taken because of the vacant posts of ACC chair and commissioners.
So, a new commission needs to be formed with urgency, he said.
"However, this is a catch-22 situation. While a quick appointment is necessary, the question is whether it may turn out to be a case of putting the cart before the horse."
This is because the matters related to the appointment of commissioners are on top of the priority issues the commission for reform of the ACC has been trying to address.
"Which of the two options to adopt or whether an interim arrangement to be made to keep the ACC operational until actual reform of the commission commences based on reform proposals of the ACC reform commission is for the government to take," he added.
The former ACC DG Moydul echoed similar concerns, asserting that the previous government engaged in unchecked corruption while the ACC did little to address it.
Even after August 5, the commission filed only one case, which was a "mere eyewash", he said.
"Currently, the ACC is going through a crisis, as there is no commission in place. Corrupt individuals are taking advantage of this opportunity."
The delay in forming the commission is working in favour of the corrupt entities, allowing them to transfer their assets and funds.
"Therefore, I strongly believe that the commission should be formed without delay," he added.
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