The UNCAC and judicial corruption : Requirements and avenues for reform

Nations Convention against Corruption (UNCAC). Where it does not exist, pliant prosecutors, judges, and court staff may ignore criminal acts of corruption or have them improperly dismissed. Biased appointments, promotions, and disciplinary processes mean that justice sector staff may be ill-equipped to handle complex cases, including those involving corruption. The UNCAC's unique provisions for international cooperation on a wide range of law enforcement matters especially rely on clean, effective judiciaries in the respective states. Given the centrality of the judiciary for a range of anti-corruption measures required by the UNCAC, ensuring that the judiciary is up to the task should be a primary concern of State Parties to the Convention – as well as their donor partners. The UNCAC itself, in Article 11, includes the requirement to 'take measures to strengthen integrity and prevent corruption in the judiciary'. This Brief outlines the key requirements of, and considerations for, implementing Article 11. Corruption in the courts is perceived as a major problem worldwide: the most recent Corruption Barometer published by Transparency International (TI 2009) indicates that nearly half of the respondents across the world consider the judiciary to be corrupt, and petty bribes paid in connection with a legal process seem to be on the rise. Corruption may take many guises in and around the courtroom: bribery, extortion, influence peddling, and nepotism are the main forms that people encounter. Different patterns emerge in different places. In Nigeria, for example, surveys show that corruption facilitates the destruction of evidence and speedier hearings. In Jordan, the dominant concern is that judges' rulings may be influenced by family or tribal affiliations. The drivers of corruption include executive interference, social pressure, lack of citizen voice, low salaries, ignorance of relevant laws, and poor management. The consequences of judicial corruption are as diverse as its forms: the most obvious impact, of course, is the corrosion of the rule of law. Not only do powerful criminals escape sanction, but ordinary citizens, particularly the poor, are denied effective access to justice. TI Bangladesh found in a 2005 household survey that two thirds of respondents who had used lower level courts paid average bribes of around $108 per case – about a quarter of the average annual income (TI 2007). One can only imagine the number of people who would have turned to the courts to settle disputes if these irregular charges were not expected. Corruption also reduces the …