A recent Trial Monitoring Report by the UN Development Program (UNDP) on grand corruption cases across the Kurdistan Region of Iraq highlights substantial progress by the Kurdistan Regional Government (KRG) in combating corruption and offers comprehensive insights into the region’s judicial proceedings.
Corruption-prone sectors and judicial improvements
Released on August 18, 2024, the 48-page report details the monitoring of over 100 cases from November 2022 to December 2023, along with 50 verdicts issued between 2016 and 2022. It covers court hearings in Erbil, Sulaymaniyah, and Duhok, focusing on major corruption cases, including those involving high monetary thresholds, high-ranking officials, and cases of public interest or those against informants and anti-corruption advocates.
The report is the product of its collaboration with the Human Rights Office of the UN Assistance Mission for Iraq (UNAMI) and the Judicial Council of the Kurdistan Region of Iraq.
According to the report, the KRG’s Ministry of Finance and Economy (25%), the Ministry of Electricity (18%), and the Municipal Councils (17%) have been the government sectors most affected by grand corruption. Key findings of the report also reveal an increase in convictions compared to acquittals, though the rate of conviction for high-level defendants remains low, with few senior government officials being charged.
Furthermore, the UNDP report indicates significant progress in the exclusion of corruption-related cases from the general amnesty regime. There has also been a notable reduction in trials conducted in absentia as well as a rise in felonies related to intentional damage through abuse of public office, reflecting the judiciary’s progress in advancing anti-corruption efforts. However, the report notes a concerning lack of civil society organizations attending trials as third parties, even though legal provisions allow their presence.
Corruption in low-ranking offices
The UNDP report compares corruption cases by the level of the defendant’s position in the KRG and the Iraqi Federal Government, noting a major difference: whereas the former records all corruption cases in lower government positions, the latter sees more high-ranking officials involved in corruption cases.
“At the federal level, the courts witnessed major corruption cases involving high-ranking officials, including members of parliament, ministers, deputy ministers, and governors. In contrast, the number of public government employees in the [Kurdistan Region] significantly increased, representing more than 50% of the total cases monitored and reviewed, indicating that accountability for corruption is still largely concentrated at the lower government levels,” the report reveals.
Joining hands to combat corruption
Speaking at the launch event for the report, UNDP Representative in Iraq Auke Lootsma underscored that the report can help unify efforts for curbing corruption in the Kurdistan Region.
“This critical report, the culmination of our joint efforts, represents a significant milestone in our collective quest for enhanced transparency and justice. We stand ready to collaborate to address the recommendations of the report,” Lootsma said on the UNDP’s website.
As the UN funded the report, EU Ambassador to Iraq Thomas Seiler also delivered a video message during the event, noting that the findings of the report would help craft multilateral efforts to devise proper strategies to combat corruption.
“The Trial Monitoring report offers a very deep insight into how investigations are led and how trials are conducted. Its recommendations will guide us in refining our strategies and enhancing anti-corruption measures,” Seiler pointed out.
During the event, Judge Abdel Gabar Aziz Hassan, the head of Judicial Council of the Kurdistan Region, also highlighted the report’s importance for judiciary reforms in the Kurdistan Region.
“While proving our dedication against corruption, the report also provides us with an opportunity to advance our committed practices towards a more transparent and accountable judiciary system,” the Kurdish official stressed.
Recommended reforms
The report urges the KRG, the Judicial Council, the Bar Association, civil society, and the international community to implement proposed anti-corruption reforms. These include the establishment of specialized courts for major corruption cases, the modernization of the penal code to address issues such as private sector bribery, and the enactment of legislation to protect whistleblowers and victims. It also calls for limiting institutional discretion in withdrawing damage claims and strengthening oversight in corruption-affected sectors.
Further recommendations include reforms to criminal procedures to enhance investigative capabilities, the implementation of an electronic case management system, and the standardization of sentencing. Additionally, the report highlights the importance of reinforcing the financial independence of the Public Prosecutor’s Office and supporting civil society in anti-corruption initiatives.
Sardar Sattar is a translator and journalist based in the Kurdistan Region. He has translated several books and political literature into Kurdish and English. He writes regularly for local and international newspapers and journals.
