Legal Implication of Corruption

Corruption shows the multiple links between corruption and human rights violations and is also increasingly addressed in the case law of the European Court of Human Rights. For example, in Kövesi v. In Romania, in May 2020, the European Court of Human Rights found violations of Article 6 (right to a fair trial) and Article 10 (freedom of expression) of the Convention with regard to the dismissal of the head of the National Anti-Corruption Prosecutor`s Office before the end of her second term, after criticising legislative reforms in the field of corruption. The Court attaches particular importance to the applicant`s office, noting that „these functions and duties included the expression of her opinion on legislative reforms likely to affect the judiciary and her independence, in particular the fight against corruption in her department“. [3] Corruption has a variety of faces, corruption is only one of them, another is political corruption, much more inaccessible and inaccurate. Its wide range of actions allows it to influence not only the judicial system, but also all areas of public administration. Failure to file a declaration of financial interests may result in denial of public compensation, legal action to enforce disclosure requirements, dismissal, and a $10 fee for each day a return is overdue. MB. Ann. Stat. § 105.492. Disadvantaged groups and individuals suffer disproportionately from corruption. They are often more dependent on public goods and services and have limited resources to seek other private services.

They tend to have fewer opportunities to participate in the design and implementation of public policies and programs, and lack the resources to advocate and seek redress. [1] This instrument provides for complementary criminal law measures and enhanced international cooperation in the prosecution of corruption-related offences. Public spending on health is particularly inefficient in countries with poor governance. In order to prevent corruption in this sector, Member States need to ensure strong and effective governance as an essential tool for the optimal functioning of national health systems and the prevention of emergencies such as pandemics. In my report to the General Assembly last year, I stated that „the Convention, as a key instrument in the fight against corruption, should also be considered a fundamental international instrument for the protection of human rights and should therefore merit the continued attention of the competent bodies in this field“. [1] Diego Garcia-Sayán is the UN Special Rapporteur on the independence of judges and lawyers. He was a judge of the Inter-American Court of Human Rights and was elected Vice-President of the Court from 2008 to 2009 and President of the Court for two consecutive terms. Previously, he served as Peruvian Minister of Justice and Minister of Foreign Affairs. Garcia-Sayán recently shared her views on corruption and judicial independence with UNODC as part of the organization`s ongoing work to promote the integrity of the judiciary.

All opinions expressed in this article are solely those of the author as an external expert and do not necessarily reflect the official position of UNODC. At the same time, the realization of civil and political rights can also require considerable resources. For example, significant sums are needed to maintain the judicial, law enforcement and prison systems and to ensure free and fair elections. The realization of civil and political rights can therefore also suffer greatly from the misuse or misallocation of public funds. Moreover, as the following analysis shows, there are other ways in which civil and political rights can be compromised by corruption. There is ample evidence of the impact of corruption on the right to food. The 2001 report of the Special Rapporteur on the right to food identifies seven main obstacles that limit or impede the realization of the right to food, including the problem of corruption. The Rome Declaration on World Food Security also recognized that corruption contributes significantly to food insecurity. Corruption can violate the right to food by diverting funds from social spending (ICHRP, 2009).

The misappropriation of funds intended for food aid, for example, is a violation of the State`s obligation to provide food to those who do not have access to it with their own resources. The right to food security is also threatened when food of insufficient quality is placed on the market due to corrupt practices, such as: when a government official ignores the requirement to obtain a license to produce food or conduct inspection procedures, in exchange for receiving a bribe (ICHRP, 2009, p. 44). In order to fight corruption effectively, Council of Europe member states should fully comply with Council of Europe international standards on preventing corruption and promoting integrity and accelerate the implementation of GRECO`s recommendations.