Combating corruption, one trial at a time

( OSCE )

Today, 9 December, we recognize International Anti-Corruption Day, marking 16 years since the UN Convention against Corruption (UNCAC) came into force.

At the OSCE, we mark this day as we would any day: by continuing to support the 57 participating States in their fight against impunity to stamp out corruption.

UNCAC and relevant OSCE commitments are vital, as they mean that prosecuting corruption is no longer optional. National judiciaries play a key role in translating the purpose of those international instruments into meaningful action, namely efficient and effective investigations and trials, case by case, day after day.

WHAT DO PEOPLE THINK?

While we see a high level of commitment and tangible progress in combating corruption across the Western Balkans region, high-level corruption still finds ways to flourish. Part of the problem is that judiciaries are often unable to hold perpetrators to account.  

According to Transparency International’s Global Corruption Barometer EU 2021, a survey of over 40,000 Europeans, almost a third of respondents believe corruption is worsening in their country, while 44% think that the situation is not getting any better.

Corruption’s ability to erode the rule of law and undermine public trust in government and public institutions is particularly visible in the Western Balkans. In its 2018 Western Balkan Strategy, the European Commission acknowledged that partners in the region “show clear elements of state capture, including links with organized crime and corruption at all levels of government.” The 2021 Balkan Barometer survey also found that 61% of respondents distrust parliaments and courts, while over a half of those polled assess their judiciaries’ performance as poor or very poor.

THE COMPLEXITY OF PROSECUTING CORRUPTION

Authorities struggle to combat corruption in the best of times. The COVID-19 pandemic has only served to worsen the situation; while courts were hindered from even holding hearings, the pandemic did not prevent corrupt actors from continuing to find new ways to commit crimes.

Notably, we have seen an increase in corruption cases within health care systems and in relation to public procurement. Meanwhile, judiciaries and other institutional oversight mechanisms struggle to keep up with the pace and creativity of corruption.

Even as the pandemic creates new space for corruption, links between corruption and organized crime are rampant, as evidenced by the EU Serious and Organised Crime Threat Assessment (SOCTA) 2021. The report finds that “corruption is a feature of most, if not all, criminal activities in the EU…Corruption is a key threat to be addressed in the fight against serious and organised crime.” 

We see this reality play out every day in courtrooms across the Western Balkans through our systematic trial monitoring. The judiciaries in this region are confronted with the complex challenge of effectively prosecuting cases involving high-level officials and those with networks in the public and private sectors, working together for private gain. 

Many of these cases have a direct impact on essential aspects of a functioning democracy. A polarized political climate also creates risks that the judiciary will be exploited as a weapon to deal with political opponents.

JUDICIARY – THE LAST STRONGHOLD

The OSCE has long recognized these challenges and worked with local authorities to use trial monitoring to inform actions to strengthen the integrity and effectiveness of judicial systems.

Using impartial observers to monitor trials bolsters the rule-of-law by shedding light on proceedings and outcomes that may otherwise go unnoticed, unseen, and unchecked. 

The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) has taken the lead in developing trial monitoring methodologies and tools, such as its Trial Monitoring: A Reference Manual for Practitioners. This enables trial monitoring that is consistent and does not intervene in proceedings, in line with international standards for fair trials. These tools are needed now, more than ever as an independent, well-functioning judiciary is the last stronghold against endemic corruption.

As part of these efforts, the OSCE, with the support of the European Commission, launched a specialized regional project to monitor high-level corruption and organized crime trials in five jurisdictions in the Western Balkans. This is part of a joint effort to promote a more effective judicial response to these crimes, bolster the rule of law, and create regional synergies where fitting. 

Ultimately, strong and independent judiciaries pave the way for long-term prosperity and stability in the region. The OSCE and the EU have partnered with the authorities in Podgorica, Pristina, Sarajevo, Skopje, and Tirana to support the provision of justice and protection of the rule of law, one case at a time.