r o m Â n i a - mai-dga.ro · in 2010 • 96 persons filled the vacant positions (90 police...

R O M A N I AMINISTRY OF ADMINISTRATION AND INTERIOR

ANTI-CORRUPTION GENERAL DIRECTORATENo. 350660

from 25.01.2011

REPORTON THE MAIN ACTIVITIES CARRIED OUT AND RESULTS OBTAINED BY

AGD IN 2010

1. INTRODUCTION

AGD’s professional endeavours were concentrated on developing an integrity oriented environment within the MoAI personnel, by utilizing specific measures, designed to prevent and counter corruption.

AGD contributed to all the assessment sessions of the CVM - Cooperation and Verification Mechanism.

AGD’s activity was positively highlighted within the Report from the Commission to the European Parliament and the Council on the Progress in Romania under the CVM, dated July 2010.

2. PLANNING – PUBLIC AND INSTITUTIONAL POLICIES

In the field of public and institutional policies, AGD’s activity was carried out according to the following documents:

• The Governing Program for 2009-2012

• MoAI Strategic Plan, the section „preventing and countering corruption, internal protection, control and internal audit” , for 2010-2013;

• The National Anti-corruption Strategy on vulnerable sectors and local public administration for 2008-2010 (Governmental Decision no. 609/2008);

• Concept regarding the prevention of corruption deeds within MoAI for 2009-2012;.

• Strategy for AGD institutional development for the period between 2009-2012;

• AGD Action Plan for 2010.

DIRECŢIA GENERALĂ ANTICORUPŢIEBucureşti, Şos. Olteniţei nr. 390A, Sector 4, Telefon 021 – 332.16.81, Fax. 021 – 332.11.77

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Special attention was paid to monitoring and reporting the activities undertaken by AGD from the MoAI Strategic Plan, the section „preventing and countering corruption, internal protection, control and internal audit”, for the period 2010-2013.

3.INSTITUTIONAL UP-GRADING

3.1. The institutional modernization process was conducted following The strategic analysis on the activities carried out and the results obtained by the Anti-corruption General Directorate between 2006-2009, a document which assessed the ratio between the allocated resources and the outcomes of the activities conducted by AGD.

- The new organizational structure was approved by O.M.A.I. no. I/525 on 15.04.2010, and the main modifications are:

- 8 leading positions were reduced (1 position for deputy general director, 1 position for director and 6 positions for Service/Office heads). Also, we had in view the following:

- balancing the human and material resources between the central and local structures;

- increasing the speed of reaction in operative moments; - using local experts, in order to reduce the travelling costs for

specialists from the central units.- At present, the leading positions represent 10,53% (9,79% in central body and 11,08% in local structures);

- The current AGD organizing and functioning framework was approved by the Supreme Council for the State Defense - CSAT, through the Decision no. 068/2010.

3.2. HUMAN RESOURCES

HR policy targeted the coverage with personnel of the vacancies and the continuous improvement of professional knowledge for all AGD officers.

On 31.12.2010 the HR needs were covered in proportion of 74,9 %.


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76,6%66,1%

100%

Police officers Agents Contracting personnel

AGD’s HR coverage on 31.12.2010

In 2010• 96 persons filled the vacant positions (90 police officers and 6 police agents were

transferred from other MoAI structures);• 38 employees left the institution (27 persons were moved to other units and 11

persons left the ministry).• On 31.12.2010, 74,9% of the provided positions for AGD were covered.

3.3. LEGAL FRAMEWORK

One of the priorities for 2010 was the assessment of all legal documents issued within AGD, such as internal dispositions and orders of the general director, and also the legal framework which regulated AGD’s activity, in order to update them according to the institutional development processes undergone by our institution.

We mention The Regulation for AGD organization and functioning, which was drafted and approved through the MoAI Order no. 275/2010 (published in Romania’s Official Bulletin, part I, no. 23/11.01.2011)

Other several legal documents were drafted, such as:

a) The project of the Law for modification of the art.4 of Law no. 364/2004 on organizing and functioning of the judicial police and for the completion and modification of the GEO no. 120/2005 on AGD’s functioning within MoAI was drafted and it is in process of approval.

- AGD will receive legal personality and will be responsible for the technical and operational administration of the Call Center system for receiving the complaints on corruption deeds committed within all public sectors.

- A new Regulation for the functioning of the Strategic Committee for supporting and evaluation of AGD activity was achieved:

- it was adopted by the Strategic Committee members, it received the necessary approvals and it was submitted to the MoAI leadership for signing.

b) The draft of the Government Decision for the updating of the inventorial value of unmovable goods under the state property and in use of the MoAI.

c) Initiation, achievement and adoption of minister’s orders, such as:

- Minister’s Order no. 75/2010 for the abrogation of the Order no. 1.216/2006 on the submission to AGD of the assets and income disclosure of the employees within all MoAI structures.

- Minister’s Order no. 88/2010 on AGD Anniversary Day – 30th of May was drafted and issued in line with the institutional identity enhancement

- MoAI Instructions no. S/170/2010 on organizing and performing investigations by AGD


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In 2010, 10 new bilateral co-operation documents were concluded. Also, as requested, 70 points of view, on certain drafts of legal documents, were issued by the specialized Compartment. 18 internal dispositions/orders of AGD’s general director were issued and entered into force in 2010.

4. OPERATIONAL MANAGEMENT

4.1. CRIMINAL INVESTIGATIONS

On 04.05.2010, MoAI approved the Action Plan for preventing and combating the illegal smuggling of tobacco products coming from Ukraine, Republic of Moldova or via the Black Sea, the Plan being included into the National Strategy for combating the cigarettes smuggling for 2010 - 2012.

Based on this plan, AGD and the General Directorate for Intelligence and Internal Protection drafted the Action Plan on preventing and combating the involvement of MoAI personnel in cigarettes smuggling.

In order to accomplish the tasks set for AGD by the CSAT (the Supreme Council for State Defense) Decision No. 69/28.06.2010, we developed the following activities:

- constituting the Working Group for countering tax evasion.

- setting indicators for monitoring the activities.

- weekly reports to the Romanian Police Inspectorate on the measures taken by AGD for countering tax evasion and smuggling.

- elaboration of proposals for amending the legislation, in the sense of selling the seized goods, subject of smuggling and tax evasion.

- participation to 8 regional inter-institutional meetings on countering fraud and smuggling (held in Iaşi, Oradea, Drobeta Turnu Severin, Constanţa, Bucureşti, Sibiu, Sinaia and Cluj Napoca), under the co-ordination of the Prosecutor’s Office attached to the High Court of Cassation and Justice, attended by responsible actors in the field: Public Ministry, DGIPI, IGPR and Intelligence Romanian Service – SRI.

In the reported period, 509 criminal files were initiated following the intelligence gathered (-5% in respect of 2009).

Also, 5.629 persons were investigated, out of which 48,5% were MoAI employees.

4.2. UNDERCOVER INVESTIGATIONS

• The undercover investigations were performed according to the legal framework (Criminal Code, Criminal Procedure Code and Law no. 78/2000)

• The investigations were conducted under the direct supervision and authorization of the case prosecutor.

• AGD undercover investigators were used in 47 criminal files.

• Among the significant resolved cases we mention:

– DNA case in which 9 persons were sent to court. The 9 persons formed a group of organized crime, who, between July 2009-March 2010, committed several corruption crimes. 4 of these persons were magistrates (2) and


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lawyers (2). The bribe consisted in 109.450 euro, 17.490 lei and goods amounting to 1.470 lei;

– DNA case – Cluj Service, in which the investigations were performed also in Hungary (based on a rogatory commission), in order to annihilate a criminal network that was dealing with the illegal procurement of Hungarian driving licenses by trading favours buyers from Romania in exchange of 2000-3000 Euro.

– DNA case – Bacău Service, in which the prosecutors sent to court 95 defendants for illegally passing the final exam organized by the „Al.Vlahuţă” School Group from Bacău county.

4.3. CRIMINAL INVESTIGATIONS

In 2010, criminal investigations were conducted in 2000 files, which were forwarded to the Prosecutor’s Offices (+40,15% compared to 2009):

424 were forwarded to the National Anti-corruption Directorate.1.576 were forwarded to the Prosecutor’s Office attached to the High Court of Cassation and Justice.

– Initiation of criminal pursuit was ordered in 458 files (+43% compared to 2009):

– 65 by the National Anti-corruption Directorate;– 393 by the Prosecutor’s Office attached to the High Court of Cassation and

Justice.– Case prosecutors issued indictments in 261 criminal files and ordered

administrative measures in 56 files.– The number of indictments increased with 48%, while the number of administrative

measures decreased with 38%, compared to 2009.


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996 1083

1351 1427

2000

2006 2007 2008 2009 2010

Number of files forwarded to the Prosecutor’s Offices 2006 - 2010

113

144

161

176

261

2006

2007

2008

2009

2010

Number of indictments issued between 2006 - 2010

• During the specific procedures, 3.752 persons were investigated (+71%), out of which 1.656 were MoAI employees (+21%).

• In 2010, out of the 1.503 persons who were accused (double compared to 2009), 376 were from MoAI (+10%), 67 in leading positions and 309 in execution positions.


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1744

1044

2062

1243

3258

20222190

1363

3752

1656

2006 20072008 2009 2010

Number of investigated persons 2006 - 2010

Number of investigated persons MoAI investigated personnel

Number of accused persons 2006 - 2010

484

446

848

753

202

200

336

343

1.503376

2006

2007

2008

2009

2010

Number of accused persons MoAI accused personnel

Number of accused personnel from MoAI

In the reported period, 703 persons were sent to Court, out of which 212 MoAI employees.

Compared to 2009, the number of accused persons in leading positions increased with 100%, 12% personnel in execution positions.

The total number of accused persons increased with 93%, and 21% of MoAI employees were accused for corruption deeds or similar. The number of persons under preventive arrest increased with 75, 4%

A study was conducted, with regards to the MoAI personnel who were accused and sent to Court in 2010. Out of the overall number of MoAI personnel, 0,25% were accused and 0,14% were sent to Court for corruption offences.


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Number of accused persons from MoAI

2%

60%10%

2%

18%

5% 3%

Central Body Romanian Police Boder Police

Gendarmerie Civil emergencies Public Administration Other structures

201 192

354 384

703

92 86110

175212

Persons sent to Court MoAI personnel sent to Court

Number of sent to Court 2006-2010

2006 2007 2008 2009 2010

62 57

124 122

214

2006 2007 20082009

2010

Number of arrested persons 2006 - 2010

MoAI personnel accused / sent to Court in 2010 compared to the total number of MoAI personnel and units

Unit Total

Number of personnel

Accused persons

Persons sent to Court

Percentage of accused personnel

( % )

Percentage of the

personnel sent to

Court( % )

Romanian Police 54.791 222 109 0,40 0,20

Romanian Border Police 16.430 38 11 0,23 0,06

RomanianGendarmerie 28.515 9 3 0,03 0,01

Civil Emergencies 30.552 69 71 0,23 0,23

Public Administration 5.450 19 12 0,35 0,22

Other MoAI structures 14.139 19 6 0,13 0,04

TOTAL MoAI 149.877 376 212 0,25 0,14

The competent Prosecutor Offices delegated AGD judiciary police officers in 1.310 cases, in order to conduct investigations (+43% compared to 2009), out of which 548 by Anticorruption National Directorate and 1.762 by the territorial Prosecutor’s Offices.

(The combating representative cases are presented in Annex 1)

Also, a large number of specific activities were conducted in order to instrument criminal files involving persons who committed corruption deeds, in connection with tax evasion and cigarette smuggling.

91 criminal files were registered, out of which 47 were resolved. Following the investigations 216 persons were accused, out of which 43 were MoAI employees. 60 persons were detained, 42 were arrested and 43 MoAI employees were forbidden to leave the city/country.

6 indictments were issued (1 by DNA and 5 by the local structures of the Prosecutor’s Office attached to the High Court for Cassation and Justice- PÎCCJ)

The approximate value of the confiscated goods amounted to 1.268.720 lei and 73.907 euro and the value of the goods on which freezing measures were taken amounted to 28.600 lei and 65.000 euro

Examples of goods and amounts of money resulting from fraud crimes: • 308.034 packs of cigarettes;

• 170.226 lei, 14.355 Euro, 100 USD, 4.500 HUF, 1.631 Moldavian lei;• 6 vehicles (BMW, Volvo, VW Sharan, Audi A6, Opel Astra, Peugeot

307);• 145 bottles of wine; 478 liters of alcoholic beverages; 63 Champagne

bottles; 9 whisky bottles;• 1.200 liters diesel fuel şi 60 liters of mineral oil;

• 28 mobile phones.


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MODUS OPERANDI

• negotiation of the public authority in exchange of not accomplishing or delaying the accomplishment of an act with regard to his/her service duties or in order to perform an act that is contrary to these duties;

• furnishing data not destined to public to certain persons or criminal groups;

• direct involvement of MoAI employees in organized criminal activities;

• drawing and/or issue of forged documents or destroying original existing documents from archives (with the help from other persons who were accessory to it) by employees within Cadastre and Land Registry

• illegal activities for obtaining driving licenses by persons who do not meet all the legal requirements or who did not pass the exam and for registering vehicles by using forged documents or by not paying the legal registration fees;

• illegal activities carried out by certain members of the evaluation commissions on the occasion of the public procurements organized by various ministry’s structures;

• illegal activities carried out by public procurement boards members during the evaluation of the offers, favoring certain tenders in exchange of money or other advantages;

• favoring certain candidates to admission or promotion to MoAI structures by members of certain evaluation commissions.

The bribe, given or taken, was under various forms, such as money under different currency, alcohol, food products, home appliances, vehicles, services or business contracts.

With regards to countering corruption, we must emphasize the good cooperation between AGD and Prosecutor’s Office attached to the High Court of Cassation and Justice - PICCJ.

The quality and efficiency of countering corruption increased due to the 4 regional professional reunions between AGD and Prosecutor’s Office attached to the High Court of Cassation and Justice, held between April and May 2010 (Piatra Neamt 1, Oradea 1, Poiana Brasov 2). The main reason for organizing these reunions was that 80% of the corruption files initiated by the Prosecutor’s Offices attached to Tribunals and Courts of Appeal are instrumented by AGD judiciary police.

Conclusions:

– Most of the participants expressed the opinion about the necessity of the extension of AGD competences, according to the employees professional specialty and existent technical logistics(objective of national Anticorruption Strategy 2008-2010);

– Adopting a new legal framework on organizing and performing integrity tests, according to EU requirements and to specific elements needed for proving the corruption deeds committed by MoAI employees;

– Declassifying the internal legal provision regulating integrity testing within MoAI;

– Applying CEDO recommendations on the use of undercover investigators;


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4.4. PREVENTION

Prevention was a constant activity, which targeted the best practical means to address both MoAI personnel and the civil society.

One of the most relevant preventive activities was the monitoring of the implementation of the previsions within the National Anti-corruption Strategy in all MoAI structures. The assessments and the subsequent reports of the Monitoring Committee were presented to the EU experts within the CVM – the Cooperation and Verification Mechanism.

2.211 preventive activities were organized for the personnel within all MoAI structures (-59% comparative with 2009). These anti-corruption training sessions were attended by 42.446 MoAI employees (-16%), out of which 5.945 were in leading position (+3% more than 2009).

The reduced number of meetings is due to the extended responsibilities given to AGD, with regards to the coordination of risks identification within MoAI structures. To this purpose, 46 meetings of the Working Groups were held, attended by 197 integrity councilors and other members of the WGs.

We mention that prevention was mostly oriented towards the areas detected as vulnerable and prone to corruption.


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2.876

2.772

3.850

5.068

2.211

2006

2007

2008

2009

2010

Preventive activities between 2006 - 2010

MoAI personnel who notified corruption deeds by denounce or self denounce 2007 - 2010

977062

84

145137

10482

20072008 2009 2010

Nr. of MoAI personnel who notified corruption deeds by denounce

Nr. of MoAI personnel who notified corruption deeds by self-denounce

Following the prevention activities, in 97 cases (+27% more than 2009) MoAI employees noticed AGD on bribe attempts they were subject to. In 145 cases (+6%) MoAI officers noticed on their colleagues’ involvement in corruption deeds.

(The self denounce cases are presented in annex 2)

In order to implement The concept regarding the prevention of corruption deeds within MoAI employees or the period between 2009-2012, 114 reunions were held, attended by 577 employees within Border Police local structures.

Studies and researches were conducted on the identification of corruption risks and vulnerabilities:

• In the first semester of 2010, the research report regarding the survey entitled The Perception of MoAI Personnel over Institutional Corruption was completed. The Report reconfirmed the conclusions of the previous ones, from 2007 and 2008, with regards to the transparence promoted by AGD, ever since it was established. The conclusions of the survey were presented within 25 symposiums and 15 articles released in the written press of MoAI.

• Within „Alexandru Ioan Cuza” Police Academy preliminary activities were conducted, having in view the future study regarding the forms taken by corruption, which is due in 2011, with financial support from the Federal Council of Switzerland. .

• A study on the Efficiency of Telverde green line between 01.08.2006 -30.06.2010 was elaborated, in order to set further measures to increase effectiveness of this public service. The study also took into consideration the possibility to extend the green line to all public sectors.

The following actions were conducted:

♦ Preventive measures were tailored for the public procurement and Human Resources units of the MoAI.

♦ A preventive meeting was held with the heads of all traffic police units within the Romanian Police.

♦ 116 training sessions were held and attended by 1.225 students/trainees within the „Alexandru Ioan Cuza” Police Academy and other MoAI educational institutions. Following a questionnaire on the efficiency of prevention training, it was ascertained that students consider this type of informing as useful and relevant.

♦ MoAI employees attended 180 preventive meetings organized by AGD in collaboration with public institutions and NGOs.


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♦ In order to rise the awareness of civil society, cooperation with the National Integrity Center was extended, in the framework of the collaboration with AID – the Association for Implementing Democracy, SAR – Romanian Academic Society and TI Romania.

♦ 183 reports on the involvement of MoAI personnel in corruption deeds were drafted and disseminated to the minister’s structures.

♦ 363 activities were conducted in order to promote AGD’s anti-corruption messages.

♦ Quarterly, the Synthesis of preventive and countering corruption measures taken by AGD is elaborated and disseminated to MoAI structures.

♦ An Anti-corruption Rising Awareness Campaign with the message “No more envelopes! No more bribe!” was organized, with support from the Romanian Postal Company. 7000 posters were displayed in public institutions and 50.000 flyers were disseminated.

♦ During July - August 2010, raising awareness activities were conducted within the sea side summer resorts. (approx. 7.000 de flyers);

♦ With support from Constanţa Border Police Inspectorate, 2.000 de flyers (in Romanian, Bulgarian and English) were distributed to the citizens entering and exiting the Romanian – Bulgarian Border Crossing Points (Vama Veche, Ostrov and Negru Vodă)

♦ The bi annual Documentary and Informing Bulletin was published and disseminated to MoAI and other relevant structures

♦ 14 case studies were drafted, on corruption cases involving MoAI personnel (following AGD’s internal regulations, case studies may be drawn only after a definitive court order was given).

♦ The Anti-corruption Guide was printed in 5.000 copies, which were distributed to MoAI structures.

♦ Between 01.02-28.05.2010 the Training for the Integrity Councilors was held for the representatives from the Romanian Police, Romanian Border Police, Civil Emergencies Inspectorate and Romanian Gendarmerie, attende by 460 councilors and prevention officers from AGD territorial units.

♦ Consultancy was offered to MoAI strucures for drafting the Plan for preventing corruption in 2010 and for elaborating the documents necessary for implementing the Prevention Concept.

At territorial level, the following activities were conducted:

- 90 press articles were published in the written press, on the topic of the fight against corruption.


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- Bucharest Anti-corruption Service and Pro Democraţia Association finalized the Anti-corruption Guide addressing the Young Generation, to be disseminated to high schools and colleges form Bucharest and the territory

- The audio/video spot developed within the awareness campaign Family has a future, CORRUPTION DOES NOT! is broadcasted on tv monitors from public transportation (metro, buses).

- Dissemination of anti-corruption flyers within Satu Mare Border Crossing Points, especially to Ukraine and Hungarian citizens, in the context of the increased smuggling at the Romanian – Ukraine border.

- Based on the collaboration protocol between AGD and the Association for Social Alternatives from Iaşi county, 9 seminars under the title Police ethics – means for preventing corruption were organized. The seminars were attended by 180 policemen from Iaşi and Vaslui Police Inspectorates and Iaşi Border Police Inspectorate.

As the National Anti-corruption Strategy 2008 – 2010 came out of force, AGD constituted a Working Group which drafted the Strategy for preventing and countering corruption within MoAI personnel for 2011 – 2013, which is to be approved through the Order of the minister of administration and interior.

5.INSTITUTIONAL TRANSPARENCY - PUBLIC RELATIONS

In 2010 AGD enhanced the good relations with the citizens and the relevant organizations, within the legal framework.

PUBLIC RELATIONS:

• 1.874 petitions were received (-15% less than 2009);

• Information within these petitions led to the initiation or completion of 119 criminal files;

• Of the overall number of received petitions, 56,5% were forwarded to other relevant institutions and 29% were closed, according to the legal framework;

• 273 persons were received in audience and 977 persons were advised by our PR officers, on certain legal matters.


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71

103

123 119

44

2816

71

Number of criminal files initiated/completedbased on Tel verde calls

2007 2008 2009 2010

Number of criminal filesinitiated/completed based on complaints /

• 9.136 TelVerde calls were received (115% more than 2009);

• Based on information offered by the callers, 71 criminal files were initiated (three times more than in 2009);

• Relevant information within 202 TelVerde calls were forwarded to the competent institutions.

Following Telverde calls, 54 reports were forwarded to other institutions, regarding illegal activities related to smuggling or tax evasion.

Due to the fact that the Tel verde green line could be accessed through all types of telephony (land and mobile lines) and due to the support offered by the operators (for 18 hours daily), the number of notifications which needed operative measures increased. During 2010, 8 catching in the act operations were conducted based on Telverde calls, with 9 persons involved, out of which 6 MoAI employees.

In order to establish the Anti-corruption Call Center, as provided by the National Anti-corruption Strategy for 2008 – 2010, there were conducted several activities (the measure 9.1.3 - Action Plan of the Anticorruption National Strategy 2008-2010).

In 2010, 112 requests based on Law no. 544/2001 regarding the access to the public information were received and answered.

6. INSTITUTIONAL RELATIONSHIP

6.1. Internal cooperation:

One of the objectives met in 2010 was the improvement of the partnership with all institutions and legal entities with attributions in preventing and countering corruption, including the central MoAI structures and Inspectorates.

The exchange of information and data with the above mentioned units was intensified, and cooperation in preventive and operative activities was improved.

Collaboration between AGD’s Judiciary Police – Prosecutor’s Offices – Courts proved to be of great consequence for instrumenting the criminal files, and also for prosecution and trial, with special emphasis on achieving judiciary finality in a shorter timeframe.


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14837

7911

4900

4258

9136

2006

2007

2008

2009

2010

TelVerde Green Line calls received 2006 - 2010

The exchange of information and data with public order and national safety institutions, such as the Romanian Intelligence Service - SRI, External Intelligence Service - SIE, Special Transmissions Service – STS and the Army’s General Directorate for Intelligence – DGIA, proved to be very efficient. Joint activities were conducted within concrete criminal cases, based on common action plans.

Cooperation with relevant NGOs was intensified, in order to obtain a greater involvement of the civil society in the fight against corruption.

In 2010, 10 cooperation protocols were signed, as follows:

• National Authority for regulating and Monitoring Public Procurement;

• Thor Concept ltd.;

• Sfântu Gheorghe City Hall;

• Social Alternatives Association (Agreement);

• Asirom Vienna Insurance Group;

• “Arte Vizuale Media” ltd;

• National Company for Romanian Post Office

• Technical College for Constructions „Anghel Saligny” (Convention);

• Policemen National Corpus;

• Aviation General Inspectorate.

6.2. European Affairs - Cooperation and Verification Mechanism:

AGD focused on the monitoring mechanisms, in order to provide updated and relevant information on the progresses achieved in the fight against corruption.

• In 2010 The activity conducted by AGD was highlighted by the Technical Report on the progress achieved by Romania in the process of justice system’s reform and the fight against corruption, dated 30.03.2010, and by the European Commission’s Report on the progress achieved by Romania within the Cooperation and Verification Mechanism, dated July 2010.

• Within the Report it was emphasized the cooperation between AGD and the Prosecutor’s Offices. We quote: Approximately 90% of the indictments issued in corruption files by the Prosecutor’s Offices attached to Tribunals and Courts of Appeal resulted following the information obtained with support of AGD’s judiciary police.

6.3. International Relations:

In 2010, AGD participated at several anticorruption initiatives, such as: EPAC- European Partners against Corruption / EACN - European Anti-corruption Network, IACA - International Anticorruption Academy and UNCAC - UN Convention against Corruption.

Between 17-19 of November 2010, Romania, represented by the Anti-corruption General Directorate, as main organizer, hosted the 10th Annual Conference of EPAC (European Partners Against Corruption) and EACN (European Anti-corruption Network), in Băile Felix, Bihor county. The Conference was held under the title European


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Conditions for Integrity. New Perspectives and was attended by 80 participants - representatives of the anti-corruption agencies and police oversight bodies from 24

countries (47 organizations), as follows: Albain, Austria, Belgium, Bulgaria, Croatia, Denmak, France, Finland, Germany, Italy, Ireland, Macedonia, Moldova, Montenegro, Norway, Poland, Slovakia, Slovenia, Serbia, UK, Spain, Sweden, Hungary and Romania. For the success of the Conference, the Anti-corruption General Directorate invited, as moderators and lecturers, several experts within international organizations recognized for their involvement in the field of fighting corruption and organized

crime, such as: International Press Institute, European Commission – General Directorate for Internal Affairs, OLAF, Anti-corruption International Academy and GRECO..

In 2010, AGD organized bilateral meetings with representatives of AC institutions from: Austria, Belgium, Bulgaria, France, Germany, UK, Moldova, Serbia, Spain, U.S.A., Sweden and also, got involved in regional or multilateral cooperation, such as: Eastern Partnership of EU, Regional Cooperation Council, OSCE, ANCORAGE NET or INTERPOL).

6.4. Projects implementation:

• 11 project fiches were elaborated, in value of 3.273.211,95 Euro, out of which 588.270,86 Euro represent M.A.I’ s co-financing. The projects targeted:

– The cooperation programme between Romania and Switzerland for downsizing the economical and social discrepancies within an extended EU;

– The multi annual programme for preventing and countering criminality between 2007-2013 (ISEC).

• In 2010, the Final Report for the Phare 2006 Twinning project Continuing the fight against corruption in public administration was approved by the a Contracting Authority and the final payment was made.

• The project Strengthening the operational capacity of AGD for countering corruption was implemented, financed by OLAF, through HERCULES II programme, in value of 140.974,67 Euro, VAT not included.

7. The Strategic Committee for supporting and assessing the Anti-corruption General Directorate activity

The Strategic Committee for Supporting and Assessing AGD was set up in order to make AGD’s activities more transparent. The Strategic Committee is a consultative body, made up of the state secretaries, heads of MoAI’s units, the head of the National Police Body and representatives of 8 relevant NGOs. This body also includes, as permanent observers, representatives of 8 EU member states embassies and one representative of the European Commission. The Committee’s secretariat is ensured by the AGD. The Committee holds meetings every six months or whenever needed, at the request of the president or of any member. The may be attended by representatives of governmental, non-


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governmental and judicial institutions and organizations with tasks in the anticorruption field.

Using the experience of its members, the Committee has as main attribution to support AGD activity in the following areas:

the fight against corruption, without prejudicing the duties of judiciary bodies; identification of the corruption risk factors within the MoAI, as well as their

evolution; AGD activity assessment by drafting proposals and recommendations for

improvement; drafting and forwarding recommendations on developing and revising the MoAI

Anti-corruption Strategy; the institutional development of AGD; the harmonization of the internal framework with new adopted international

judicial instruments, on prevention and combating corruption;In achieving these tasks the Committee members can take unannounced site visits at

AGD territorial units, with one day previous noticing of AGD.

In 2010, 3 meetings of the Committee were organized, with the following topics: the new Regulation on organizing, functioning and attributions of the Strategic Committee for supporting and assessing AGD, AGD’s activity for the firs semester of 2010, AGD’s contribution to the positive aspects reflected in the European Commission’s Annual Report, implementation of projects within AGD and other.

The draft of the Regulation on organizing, functioning and attributions of the Strategic Committee for supporting and assessing AGD was approved by the Committee’s members, received the specialized certifications and is to be signed by MoAI’s leadership.

8. SUPPORT ACTIVITIES

8.1. Logistics

At central and territorial level adequate logistic support is needed for accomplishing the specific tasks.

Thus, AGD’s budget for 2010 was in value of 2.259.414 lei. We mention that out of the funds AGD requested for purchasing goods and services, only 56,12% were allocated, the entire amount being spent for payments towards the utilities providers.

The public procurements proceedings performed in electronic format were in percentage of 44,94% (the minimum provided by law is of 40%).

Within the project Strengthening the operational capacity of AGD for countering corruption, financed by OLAF, through HERCULES II programme, GPS, GSM and other tracking devices were purchased, in value of 314.414,17 lei.

In order to improve the vehicle fleet, 11 cars bearing special technique were transferred from other MoAI structures to AGD.

Although the vehicle fleet was increased with 10,4% in 2010, only 51,9% of the needs are covered, major lacks of vehicles being noticed.. Out of the overall number of 149 cars bearing special technique, 53 are used by the central body of AGD and 96 by the territorial structures.

In order to support the operational needs of the territorial units, 10 vehicles were transferred to the territorial structures of AGD.


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7 sponsorship contracts were completed in value of 21.571,56 lei, and goods and services were purchased for the current use of AGD.

In 2011, measures will be taken for obtaining the right to use, for AGD’s needs, the entire premises located in Nicolae Grigorescu Boulevard, No. 12 A, 3rd district, at present the HQ of Bucharest anti-corruption territorial unit.

72 protocols with local authorities were concluded, in order to obtain the premises necessary for the HQs of AGD’s territorial units.

At territorial level, AGD’s units are short of vehicles and other transportation means, this being an impediment for operative activities.

Evaluation of operative activities underlined the increased necessity for high performance technique (recorders, web cams and such), in order to gather the evidence in the instrumented cases.

8.2. Financial Support

AGD was allocated, for the budgetary article No. 61.01.50 «Other Activities», a buget of 32.188.000 lei, as follows:

• Expenditures for the personnel = 29.921.000 lei;

• Expenditures for goods and services = 1.772.000 lei;

• Co financing for the OLAF funded project = 315.000 lei;

• Expenditures for covering civil prejudice = 7.000 lei;

• Non financial expenditures = 173.000 lei.

Out of all approved credits for 2010, there were paid 32.183.572,54 lei, as follows:

• Expenditures for the personnel = 29.920.998,84 lei (100%);

• Expenditures for goods and services = 1.771.959,88 lei (100%);

• Co financing for the OLAF funded project = 314.414,17 lei (99,8%);

• Expenditures for covering civil prejudice = 4.081,49 lei (58,3%);

• Non financial expenditures = 172.118,16 lei (99,5%).

AGD was allocated, for the budgetary article No 68.01.08 «Social Assistance», a budget of 692.000 lei, out of which compensatory and retirement payments were made, in amount of 691.594 (99,9%).

In 2010, the budgetary amount of 2.427,46 lei was left unspent.

AGD still has to cover, for 2010, the amount of 1.232.571 lei, as personnel expenditures for:

• counter value of police equipments and uniforms = 354.739 lei;

• retirement payments = 679.563 lei;

• vacation expenditures = 198.269 lei.


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9. CONCLUSIONS

• The activities conducted by AGD in 2010 stand proof that MoAI has the will and determination to firmly fight corruption, under all its forms and extensions.

The new holistic approach with regards to the methods for preventing and countering corruption, corroborated with thorough researches on risks and vulnerabilities added value to our professional endeavours.

• AGD achieved, within these past years since it was established, extended professional experience, which enabled us to instrument ever more complex cases, in the context of increased and more diverse criminal modus operandi.

• Internal and external collaboration with relevant institutions and organizations has been enhanced.

Relevant in this sense are the Regional Debates and Professional Training Sessions organized together with the Public Ministry, as well as hosting the 10th Annual Reunion of EPAC/EACN, in November 2010. Also, the adoption of a new legal framework for the functioning of the Strategic Committee for supporting and assessing AGD may be considered relevant for the activity of this consultative body.

• Institutional and legal framework readjustments contributed to obtaining improved professional results in 2010.

10. PERSPECTIVES – MEASURES FOR INCREASED EFFICIENCY

We have every intention to continue, in 2011, the initiatives and best practices established in the previous years, and to turn into account, in a revised and updated manner, the professional experience achieved within the current activities.

Adopting and implementing new and updated public policies for preventing and countering corruption within MoAI personnel.

Achieving the objectives stipulated by the Strategy for AGD’s Institutional Development 2010-2013.

Continuing the preventive activities and specific researches, aiming at downsizing exposure to corruption for MoAI personnel, as well as approaching the identification of risks and vulnerabilities in a more practical manner.

Enhancing collaboration with Prosecutor’s Offices and other structures of the justice system.

Improved communication and collaboration with the civil society.

The new legal framework for the functioning of the Strategic Committee for supporting and assessing AGD’s activity is expected to offer an increased contribution, of this consultative body, to the specific activities carried out by our institution.

Extended access to European and international grants and funding, in order to cover logistic and other material expenditures.


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Increased visibility of the results obtained by AGD has to be achieved, at national and international level, in order to promote the positive outcomes of the efforts undertaken by our institution in preventing and countering corruption.

** **

Annexes:Annex 1 – Representative cases for combating corruption;Annex 2 – Self denounce cases.


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r o m Â n i a - mai-dga.ro · in 2010 • 96 persons filled the vacant positions (90 police...

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