Corruption in the justice system damages a range of development goals: it denies poor people access to justice, it undermines the credibility of the political leadership, and it makes the country insecure for economic investment. Corruption occurs in numerous guises – bribery, nepotism, and influence trading – and affects different parts of the judicial process. Pliant prosecutors, judges and court staff may ignore criminal acts of corruption or have them improperly dismissed. When investigating criminal offenses, the police forces often enjoy discretionary powers which – if corruption is involved - can be used for distorting evidence, tempering with police reports, harassing witnesses, and the like. In fact, the judiciary and the police are perceived in many countries to be amongst the most corruption institutions.
Given the centrality of the justice system for a range of development concerns, including land disputes, investment, and not least sanctioning corruption, ensuring that the judiciary is up to the task should be a primary concern of governments and donors. The United Nations Convention against Corruption (UNCAC) requires state parties to strengthen integrity and prevent corruption in the judiciary (Article 11). What does this imply in practical terms? What do we actually know about increasing integrity and reducing corruption in a sector as complex as justice? This thematic page consolidates relevant resources to inform national reform processes. |