Curbing the Corruption in Practice

of the

Ministry of Interior

Curbing the Corruption in Practice

of the

Ministry of Interior

Republic of Bulgaria

MINISTRY of INTEROR

Internal Security Directorate

Main Tasks for Establishment, Safeguarding and Development of Intra-Ministerial Anti-corruption

System

• Establishment and Protection of different information media for receiving signals for corruption. Storage, handling, verification and investigation of the received information for illegitimate deeds of the MoI staff

• Establishment of effective intra-ministerial system of specialized structures for monitoring of corruption risk and pressure. Development of prevention policies, coordination of measures, competences and interoperability for fighting corruption in MoI

• Research and development of efficient internal under law legal system for prevention and curbing corruption. Creation and implementation of effective mechanisms for application and control of procedures

Main Tasks for Establishment, Safeguarding and Development of Intra-Ministerial Anti-corruption

System

• Securing the lawfulness of applied means and methods for fighting corruption under the direct control of State Prosecution and Judiciary System

• Application of the best European practices for trans border operations and international cooperation

• Full transparency of the prevention and fighting corruption in MoI by active involvement of the public society in monitoring and control of activities

Means and Methods for Curbing Corruption in the Practice of MoI

Variety of channels for communication of signals for misappropriate behavior of MoI servants:Permanently available 4 autonomous lines:

24/7 anonymous telephone line

WEB page for multilingual reports

Post Box for direct paper mailing

24/7 public access to Police H.Q. duty shifts and publicized schedule for access to specialized anti-corruption bodies of MoI

Means and Methods for Curbing Corruption in the Practice of MoI

Intra-Ministerial System of Specialized Structures and bodies for monitoring of threats, prevention and suppression of

corruption:

• Intra-Ministerial Coordination Council for fighting the corruption in MoI

• Inspectorate Directorate – Department “Anti-corruption in MoI”

• Internal Security Directorate

• Leadership of the main MoI structures

• Intra-Ministerial Coordination Council for fighting the corruption in MoI

• Inspectorate Directorate – Department “Anti-corruption in MoI”

• Internal Security Directorate

• Leadership of the main MoI structures

Main Tasks: Development, Coordination, Implementation and Control of Anti-corruption Policy, Strategy and Practical Measures against corruption in MoI

Means and Methods for Curbing Corruption in the Practice of MoI

Case Study: Traffic Police Development of a full set of “Corruption Resistant” legal rules and regulations for practical implementation of pertinent activities of MoI under the Traffic Law

Specialized Data Bases and Info Systems

Analyses of Corruption Risks and Threats

Inspectorate Directorate and Internal Security Directorate

Intra-Ministerial Coordination Council for Fighting the Corruption in MoI

Specialized Commission

Means and Methods for Curbing Corruption in the Practice of MoI

The Commission elaborated and the Council adopted a package of legal regulations concerning:

Amendments of the Traffic Law New technological procedures in competent MoI structures Application of video-computer systems for control of the processes on

sites for registration New methodology for road control – National Center for traffic control Establishment of highly sophisticated nation-wide system for control

and registration of traffic offences Application of a wide range of measures for prevention of corruption

and enhanced control over the performance of the Traffic Policemen

Amendments of the Traffic Law New technological procedures in competent MoI structures Application of video-computer systems for control of the processes on

sites for registration New methodology for road control – National Center for traffic control Establishment of highly sophisticated nation-wide system for control

and registration of traffic offences Application of a wide range of measures for prevention of corruption

and enhanced control over the performance of the Traffic Policemen

Means and Methods for Curbing Corruption in the Practice of MoI

MoI internal communication system for corruption prevention and suppression and ruling mechanisms

Annual bulletin of the Intra-ministerial Coordination Council covering plans, developments and results of applied polices and strategies

Anti-corruption Booklet containing current set of legal acts regulating the MoI anti-corruption system and practices

Ruling set of internal under law acts for avoiding conflict of interests and proper reporting the annual income of the MoI servants

MoI specialized methodology of administrative procedure for corruption investigation of civil servants in MoI

Internal rules for accepting donations in MoI from external public and private sources

Annual bulletin of the Intra-ministerial Coordination Council covering plans, developments and results of applied polices and strategies

Anti-corruption Booklet containing current set of legal acts regulating the MoI anti-corruption system and practices

Ruling set of internal under law acts for avoiding conflict of interests and proper reporting the annual income of the MoI servants

MoI specialized methodology of administrative procedure for corruption investigation of civil servants in MoI

Internal rules for accepting donations in MoI from external public and private sources

Means and Methods for Curbing Corruption in the Practice of MoI

Corruption Suppression: Intelligence gathering, verification, extension and investigation

Ruling Act: Bilateral Procedure for Corruption Suppression in MoI,Supreme Prosecutor’s Office of Republic of Bulgaria and MoI

Direct control of Prosecutorial Authorities Police Investigation period – 2 months (up to 6 months) Revision of the closed cases (periodically, at least in 3 months)

Internal Security Directorate - Specialized Police Service for intelligence and investigation of corruption in the practice of MoI civil servants

Case Prosecutor has the total control of proceedings

Ruling Act: Bilateral Procedure for Corruption Suppression in MoI,Supreme Prosecutor’s Office of Republic of Bulgaria and MoI

Direct control of Prosecutorial Authorities Police Investigation period – 2 months (up to 6 months) Revision of the closed cases (periodically, at least in 3 months)

Internal Security Directorate - Specialized Police Service for intelligence and investigation of corruption in the practice of MoI civil servants

Case Prosecutor has the total control of proceedings

Means and Methods for Curbing Corruption in the Practice of MoI

Planning and Practical Proceedings for covert/overt intelligence and investigation: Internal Security Directorate/Inspectorate Directorate

General Procedure :

Initial check of signaling information

Information extension

Analyses and directions

Evidence gathering sufficient for opening the penal pre-trial procedure

General Procedure :

Initial check of signaling information

Information extension

Analyses and directions

Evidence gathering sufficient for opening the penal pre-trial procedure

Means and Methods for Curbing Corruption in the Practice of MoI

Legal Analyses and Evidence Evaluation: Competent Prosecutor’s Office (Case Prosecutor)

In case of enough evidence of criminal deed: - opens pre-trial procedure - appoints the investigative body

In case of lack of enough evidence of criminal deed: - estimates time limits and issues relevant warrant

In case of enough evidence of criminal deed: - opens pre-trial procedure - appoints the investigative body

In case of lack of enough evidence of criminal deed: - estimates time limits and issues relevant warrant

Means and Methods for Curbing Corruption in the Practice of MoI

Full compliance of proceedings with the Penal Code and Penal Procedural Code: Judiciary Control

Special Means of Investigation and all sources of confidential information are controlled by Judiciary authorities in both phases of the penal procedure:

pre-trial procedure - permissions for application of covert means and sources of information for evidence gathering

court procedure - evaluation and admissibility of evidence presented

Special Means of Investigation and all sources of confidential information are controlled by Judiciary authorities in both phases of the penal procedure:

pre-trial procedure - permissions for application of covert means and sources of information for evidence gathering

court procedure - evaluation and admissibility of evidence presented

Practical Examples

Signal received by the Anonymous Telephone Line:

Car Driver is reporting have been bribed by 2 Traffic Policemen on the road Sofia – Samokov

instead of being sanctioned for expired technical check of the car. The amount of bribe

agreed and taken - 10 euro. The driver reported the number of the

banknote.

Immediate check on site is done by Inspectors of Inspectorate Directorate:

The reported Police car is found on the road with 2 Policemen by sector “Road Crimes” of Metropolitan Police Directorate. The check in Patrol Duty books proved missing registration of check of questioned car. Also, found missing obligatory attributes and completeness of Duty Shift documentation.

Both Policemen denied having checked the vehicle in question.

When asked for possession of any foreign currency one of the policemen shows a banknote of 10 euro insisting long time of possession.

The Inspectors from DI estimate full correspondence of the banknote number with that one reported by the Driver.

Immediate disciplinary procedure started against both Policemen for heavy offences leading to Disciplinary Dismissal. The case materials are presented to Sofia Regional Prosecutor’s Office. Pre-trial procedure is ongoing.

Servants of Inspectorate Directorate and Internal Security Directorate are carrying out planned check of performance of Traffic Police Department of Regional

Directorate MoI, town of Stara Zagora. During “secondary control” of motor vehicle the Driver is

reporting that just has been bribed by Police Patrol instead of being sanctioned for over speeding. The

amount of sum asked and paid is 20 leva (2 banknotes of 10 leva given). The facts also confirmed by a

passenger in the car.

Immediately are informed the Regional Prosecutor’s and Investigation Office and initial investigation measures are undertaken. As evidence there are found banknotes with value of some 40 leva and 5 euro. It is done by the Driver recognition before judge of the Policeman who allegedly has asked the money.

Pre-trial investigation is opened. Disciplinary dismissal is ruled for the bribing Policeman. The other Policeman has terminated has MoI service by consent.

A call is received on Anonymous telephone line in DI. A Person is reporting for being blackmailed by Police Officer from Economic Police.Based on the details, the Chief Secretary of MoI is assigning the case to ISD.The case officer from ISD contacted the Person. The whole information is checked, verified, extended, analyzed and evaluated as valuable, objective, trustful and reliable.It is confirmed that the blackmailed Person is managing a company which is Creditor to a Debtor company. In order to further postpone the payment of its debts the Debtor is signaling the Economic Police for illegal incomes of the Creditor. Taking his advantages of this situation the Economic Police Case Officer (EPCO) is blackmailing the Creditor for giving an amount of some 500-600 leva. In reward there will be no proceedings under the Debtors signal.

The competent Prosecutor’s office is opening criminal case upon reception of ISD request. It is allowed the application of special means of investigation for acquiring evidence.

At the time of taking the requested bribe the EPCO is arrested with the marked banknotes.

Under the disciplinary procedure the EPCO is dismissed from the MoI. The criminal case is pending Court proceedings.

ISD has obtained intelligence from a Truck Driver, foreign citizen who was willing to remain anonymous.

Almost on every crossing the BCP “Dunav Most” between Rose and Giurgiu he got blackmailed either from Bulgarian or from Romanian Border Guards for

small amounts of some 5 to 20 euro, just for “snacks”.

ISD has obtained intelligence from a Truck Driver, foreign citizen who was willing to remain anonymous.

Almost on every crossing the BCP “Dunav Most” between Rose and Giurgiu he got blackmailed either from Bulgarian or from Romanian Border Guards for

small amounts of some 5 to 20 euro, just for “snacks”.

ISD carried out immediate information verification and development and it was realized that such a practice is a

common and long lasting phenomenon oriented particularly against TIR truck drivers – mainly Turkish,

Russian and from Arabic countries.

One month lately trough the Bulgarian General Consulate in Istanbul it was reported by another Turkish citizen the

same practice on both sides of the Danube river.

ISD opened police investigation with technical means for evidence gathering.

By consent on behalf of the Turkish driver there were carried out two controlled crossing of the border

and were prepared tangible means of evidence in compliance with Penal Procedural Code and

Special Means of Investigation Code.

Upon reception of the gathered means of evidence the Chief Prosecutor’s Office established pre-trial

proceedings with the Sofia Prosecutor’s Office against unknown perpetrators – civil servants from

Border Police Directorate on BCP “Dunav Most”. The Case Prosecutor appointed ISD for fulfillment of all necessary police activities for evidence gathering in

accordance with the prescribed investigative procedure.

Based upon the bilateral Governmental Agreement for Mutual Police Cooperation in Criminal Matters between Republic of Bulgaria and Romania it was

negotiated the procedure for mutual legal assistance between the Chief Prosecutor’s Office of Bulgaria and the Prosecutor’s Office attached

to the High Court of Romania.

Based upon the bilateral Governmental Agreement for Mutual Police Cooperation in Criminal Matters between Republic of Bulgaria and Romania it was

negotiated the procedure for mutual legal assistance between the Chief Prosecutor’s Office of Bulgaria and the Prosecutor’s Office attached

to the High Court of Romania.

ISD officers were entitled to apply special means of investigation on Romanian territory and also to permanent free movement on

Romanian territory.

Joint team of ISD and Romanian specialized service was entitled to arrest and carry out search and seizure to Bulgarian Border Guards

and after to transfer them to Bulgarian territory.

ISD officers were entitled to apply special means of investigation on Romanian territory and also to permanent free movement on

Romanian territory.

Joint team of ISD and Romanian specialized service was entitled to arrest and carry out search and seizure to Bulgarian Border Guards

and after to transfer them to Bulgarian territory.

During the mutual operation there were done 10 controlled crossings of the border and gathered

enough evidence for crime committed by 14 Bulgarian and 6 Romanian Border Police

Officers.

During the mutual operation there were done 10 controlled crossings of the border and gathered

enough evidence for crime committed by 14 Bulgarian and 6 Romanian Border Police

Officers.

Thank You for Your Attention

Thank You for Your Attention

Republic of Bulgaria

MINISTRY of INTEROR