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Executive Summaries

2001 Poland Meeting Summary

Eighth International Police Executive Symposium

CORRUPTION: A THREAT TO WORLD ORDER

Prepared by Peter C. Kratcoski, Ph.D., Official Recorder, IPES

The Eighth International Police Executive Symposium was held in Szczytno, Poland from May 26 through May 31, 2001 under the auspices of the Minister of Internal Affairs and Administration of the Polish Republic. The theme of the symposium was “Corruption: A Threat to World Order.” The sessions were held at the Higher Police School at Szczytno and at the University of Olsztyn. The local organizer was Dr. Wieslaw Plywaczewski, Commandant-Rector of the Higher Police School in Szczytno, assisted by Dr. Emil Plywaczewski, Professor of Criminal Law and Criminology at the School of Law and Director of the Department of Criminology and Organized Crime Issues of the School of Law, University of Bialystok. Other local organizers included Dr. Andrzej Przemyski, Director of the Department of Public Order, Marcin Olejnik, Director of the Department of Inspection, Wlodzimierz Maciejewski, Specialist, National Security Bureau, Wlodzimierz Kedzierski, Commandant of the Police Training Center in Legionowo, Andrzej Rynski, President of the Warminsko-Mazurski Region, Dr. Ryszard Gorecki, Rector of Warminsko-Mazurski University, and Professor Antoni Z. Kaminski, President of the Board of Transparency International. Plattsburgh State University of New York also provided important support and gave invaluable help. The Symposium Organizer and Program Coordinator was Dr. Dilip Das, Professor, Plattsburgh State University of New York, Founder/President, International Police Executive Symposium.

During the symposium, police practitioners, government officials, academics, and researchers from 24 countries, from Africa, Asia, Australia, Europe, the Middle East, North America, and South America made presentations at the sessions and took part in formal and informal discussions in a variety of settings. Accommodations for the participants were provided at the Police Training center in Legionowo and at the Higher Police School in Szczytno. Symposium participants were welcomed at a reception hosted by Marek Biernacki, Minister of the Interior, and Gen. Inspector Jan Michna, Commandant of the National Police. They met with Senate and Region Authorities at a reception and dinner held at the University of Olsztyn. The participants gathered for meals at the Police Training Center and at the Higher Police School and at festive evening dinners in restaurants. They took part in extensive sight-seeing tours of Warsaw and of the old town and castle in Olsztyn. Each participant received a Certificate of Symposium Completion at the final session.

The symposium presentations covered the general themes of the definitions of corruption (types of actions identified as corruption), the documented and possible extent of corruption in the countries represented, the forms and causes of corruption, the effects corruption has on social and economic development, the reasons why it is difficult to eliminate corruption, and suggested ways to reduce or eliminate corruption.

Definitions of Corruption

The legal definitions of corruption varied from country to country, but most of them focused on inappropriate behavior or abuse of authority for personal advantage by public officials or by the police (Warsame, 2001; Nalla and Kumar, 200l; Matsoso, 200l). Da Silva (200l: 4) noted that the Brazilian penal code distinguishes between “passive and active corruption,” with passive corruption involving use of one’s post for personal gain or to benefit someone else, and active corruption defined as offering of bribes to a public employee to persuade him/her to perform, omit, or delay an official act.

Police corruption, as defined and discussed by Becker and Becker (2001), Ivkovich, Cajner-Mraovic, and Ivanusec (2001), and French (200l), included abuse of or overstepping the limits of official authority, failing to perform official duties, acceptance of bribes, kickbacks, gifts, or other benefits, protection of illegal activities, “fixing” or destroying tickets or police records, stealing from those arrested or from crime scenes, “planting” evidence, or cooperation with or involvement in direct criminal activities, using information gathered through the police position.

Corruption in the broad political sphere was defined as including government, business and corporate wrongdoing and inappropriate actions by high-level public officials, who used their positions of power for personal gain or to assist others who had no right to benefit from their activities. Gilinskiy (2001: 2), commenting on the institutionalization of corruption in Russia, stated that corruption is “an element of the system of management and government. It simplifies and accelerates administrative decisions, operates under a set of established rules, and has its own set of terms and symbols.” The forms of corruption that fit this definition included bribery, showing favoritism in selecting persons for government positions, awarding contracts for public works or supplies without bids, theft through illegal distribution of public funds, and giving salaries to persons who were not providing work or service (Kumar, 2001). In his definition of political corruption, Ebbe (2001:4) included such practices as taking bribes or kickbacks before a contract is awarded or before a position is filled, converting national funds into one’s personal, private accounts, embezzling state property, committing graft, or requesting sexual favors to give a person a job or a contract.

International crimes that were defined as corruption involved illegal activity by government or police officials or corporate groups, including money laundering, illegal immigration, smuggling, and trafficking in drugs, human beings, or body parts. French (2001:2) noted that the drug trade at the border between the United States and Mexico presents a tremendous challenge to police ethics because of the enormous amounts of money involved. (Ostrov: 200l) observed that, in China, anti-smuggling campaigns serve the function of showing the public that something is being done, but they do not seriously attempt to eliminate the problem.

Distinctions were also made between large-scale corruption (involving millions of dollars) and small-scale corruption (police officers receiving free meals or civil servants accepting bribes when issuing licenses, for example). It was observed that investigations of corruption frequently focus on small-scale rather than large-scale corruption and much of the large-scale corruption is never detected. In some countries, the corrupt activities are highly organized and involve a variety of government officials and public service workers, including the police and members of the judiciary. Edelbacher (2001: 8) commented that investigating such corruption cases can be very difficult, because, if legal authorities (prosecutors or judges) don’t support anti-corruption probes, ways can be found to stop such investigations. In Zambia, the Anti-Corruption Commission developed 65 cases against Ministers and members of Parliament between 1996 and 2000, but none have been taken to court. The reasons for this included the fact that high profile cases usually involve witnesses from other jurisdictions. Assistance from other jurisdictions is very slow in coming, there is a lack of resources to travel to other jurisdictions for investigations, and some witnesses who were interviewed declined to give evidence in court (Zambia Police Service and the Anti-Corruption Commission, 2001).

Effects of Corruption

For developing countries (new and emerging democracies) the effects of corruption included reductions in the possibilities for economic development and alleviation of poverty, undermining of the social fabric of the culture (poor infrastructure, sanitation, housing, health facilities), social unrest, lawlessness and insecurity, lack of funds for police training and salaries, creation of a corrupt political environment, non-efficient use of available resources and development grants from other countries, difficulty in procuring development funds from foreign investors, and citizens’ distrust of the government and of the police (Camarra, 200l; Plywaczewski and Plywaczewski, 200l; Warsame, 200l; Mutonyi, 200l). It was mentioned that in some developing countries corruption may initially have some positive effects. For example, foreigners may be enticed to invest resources in a country if they are given special consideration by corrupt politicians or if laws pertaining to the regulation of commerce are overlooked. However, the negative effects of such corrupt activity quickly out-weigh such short term positive effects, particularly if the corruption becomes entrenched and eventually institutionalized. According to Ogutcu (2001: 1) “corruption and abuse of public authority occur mostly in countries where the rule of law institutions are weak or non-existent, where independent professional media and civil society agencies are absent, and where there is no independent judiciary or oversight.”

For longer-existing democracies, the effects of corruption included distrust of police and politicians, susceptibility to the influence of organized crime, loss of tax and other revenues, resulting in economic losses, a climate of cynicism and a general disregard for standards of ethical behavior, suppression of or unfair treatment of minority groups or the less-privileged persons in the society, and inadequate or inappropriate performance of their duties by police and government officials. In some countries that have established rigid, highly structured government bureaucracies, pay-offs to corrupt government officials and public service workers often becomes routine because it is considered to be necessary if any action by these persons is to occur. For example, payment of bribes or offering some other type of special benefit to the officials responsible for issuing permits or licenses generally guarantees that the needed documents or services will be provided much more quickly than if they are requested through ordinary channels.

Causes of Corruption

Some corruption exists in every society and it is unlikely that it can be totally eliminated from any society. However, the amount of corruption and the degree to which it is ingrained in the culture of a society varies greatly. The causes of corruption are related to the history, culture, and political system of each country.

In the cases of Africa and South America, the origins of the well-established procedures surrounding the corruption of government officials and the police establishment can be traced back to the periods when their countries were under colonial rule (Ebbe, 2001, Dellasoppa, 200l). During this period of their histories, local officials were offered bribes as a matter of routine in return for their cooperation and willingness to assist in maintaining order. As a result, the colonial rulers were free to exploit the resources of the country without having to worry about interference from the indigenous population. For many countries, the institutionalized system of corruption that existed before independence continued after independence was achieved, with the only real difference being that a new set of players was involved in the corrupt activities.

For many of the Eastern European countries, the current problems of government and police corruption could be traced to the elaborate and extensive system of corruption that existed in these countries during the period when they were under a socialistic form of government (Stojanovski, 2001). During the initial phases of the transition from socialism to capitalism, the economies of these countries declined, consumer goods were in short supply, crime increased, and living conditions were more difficult than they had been under the old regime. Those who were experienced in corrupting the old system found that their services were still in great demand under the new system.

Other speakers (Montoya, 200l; Amir, 2001) attributed the problems of corruption in their country primarily to the situations created when the criminal element of their country obtained considerable power and wealth. In those countries in which organized crime is entrenched, particularly those where powerful drug cartels operate, government officials and the police are viewed by the criminal element as entities that can either be bought out, intimidated or eliminated if they are not cooperative.

Suggested Ways to Reduce and Control Corruption

Methods to reduce and control corruption suggested by the presenters included:

- New legislation that describes in appropriate political or police actions and/or development of an independent oversight agency to identify and prosecute those involved in corruption

- Development of accurate measurements of corruption and methods to discover corruption, making comparisons and sharing information with other countries, making use of Transparency International to develop total exposure policies for political contracts and government grants, and publicizing the amount and nature of corruption and what is being done about it (Puonti, 200l; Plywaczewski and Plywaczewski, 200l)

- Development of international agreements whereby members of organized crime and other criminal elements cannot find a safe haven for their corrupt activities.

- Establishment of firm codes of conduct for police officers, with strong penalties for non-compliance

- Periodic rotation of customs personnel assignments

- Involvement of the mass media in investigative reports on corruption at all levels to make the public aware of the problem and bring public shame to corrupt officials

- Providing developing nations with assistance in gaining the technical expertise to identify and control corruption

- Getting citizens involved in anti-corruption activism through education campaigns

- Development of better selection processes and training for police at all levels, with selection based on merit.

- Provision of appropriate salaries for police and civil servants to reduce the temptation to seek corrupt means of attaining money

- Publicizing the costs and negative effects of corruption on the country.

Can Corruption Be Eliminated?

Efforts to control or possibly eliminate corruption will require a concerted, integrated, cooperative approach on all levels of the private and public sectors. Nalla and Kumar (2001) observed that fighting corruption should not be only a criminal justice issue. Computer experts, consultants, researchers, technical experts, representatives of the legal profession, sociologists, anthropologists and banking investigators could all be used in the efforts against corruption. In Jordan, (Al-shamayleh, 200l) control of corruption involves political control (parliament, public councils, political parties and public opinion), juridical control (the courts) and managerial control (the general administration of the police units). Sarre and Prenzler, (2001) reported that, through electoral reform, increased transparency, and use of an independent anti-corruption body (the Criminal Justice Commission), a major restructuring of policing in Queensland, Australia occurred. The public sector now plays a greater role in monitoring the activities of the police. Transparency International-Czech Republic (TIC), a part of Transparency International, is a non-governmental organization dedicated to fighting corruption. Its activities have included lobbying for changes that will lead to greater transparency, including campaigning for a freedom of information act and an anti-corruption hotline, helping prepare the government’s anti-corruption program, campaigns to increase public awareness of corruption problems, and professional workshops on the theme of transparency at the local level (Fric, Burian and Walek (2001).

One key to eliminating localized corruption may lie in the selection process for government officials and police officers. Speakers from several countries emphasized the point that, when high level officials are corrupt, it is very difficult to identify and reduce corruption at lower levels. In the case of elected officials, establishment of term limits for officials in high positions and the use of oversight agencies to review contracts, appointments, and distribution of public funds, following the guidelines of Transparency International, could be effective measures. Whenever possible, independent auditors should be used. Careful psychological testing of candidates for police positions was mentioned as an important preventative measure. It was noted that situations where police positions had to be filled quickly without psychological testing and extensive review of the candidates’ credentials created opportunities for persons who might have motives other than public service to enter police work. Providing competitive salaries for police officers and other public officials at all levels could also reduce the temptation to become involved in corrupt activities. Legislation that would protect “whistle blowers” (those who report corruption within their own agency) should also be considered. The development of Civilian Review Boards that have real power to punish those involved in corruption would be a positive step.

Elimination of institutionalized corruption that operates on an international scale will require cooperative action by the countries threatened by organized criminal activity that thrives on this corruption. Organizations such and INTERPOL and EUROPOL already collect and share information on such activity, but reduction or elimination of corruption may require strengthening agreements between countries on extradition and prosecution of those who carry on corrupt practices across borders or who use certain countries as the trade routes for movement of drugs or other contraband, employing corrupt practices to protect their activities. Those who seek to eliminate corruption must become as committed to this task as those who thrive on corruption are to their own welfare and profit.

Summary

The presenters at this symposium, who represented a very broad spectrum of international experience in identifying and seeking to control corruption, described many situations in which government or police corruption had highly detrimental effects on the economic, cultural, and social development of their countries. Within police organizations, a “code of silence” frequently exists, and officers who know about corrupt practices are very reluctant to report those involved or act to stop them, because of a sense of loyalty or fear of reprisals (Skolnick, 200l). When high level corruption occurs, it is very difficult for those in lower positions to stop it or to act effectively against it. Those in power, who may be corrupt, have the resources to control or even stop investigations. In some countries, there is a lack of the sophisticated communications and technical equipment needed to detect and investigate many forms of corruption, particularly in the areas of bank fraud and money laundering.

Faced with these formidable problems, the symposium participants offered a variety of avenues that might be followed to reduce corruption. More accountability on all levels and involvement of more persons in decision making was suggested. Legislation that sets specific procedures and provides for outside review of contract awards and other government activity was proposed, and use of Transparency International to provide total exposure for political contracts and government grants was urged. Making the public aware of the extent and detrimental effects of existing corruption through mass media reports and investigations and encouraging citizen activism against corruption was regarded as very important. Selection of persons of strong moral character and commitment for police, government, and public service positions was seen as the most important factor in reducing and controlling corruption.

References

Agbidinoukou, Bienvenu, “Fighting Against Corruption, Experience in the Republic of Benin,” presentation at the Eighth International Police Executive Symposium, Szcztyno, Poland, May 27-30.

Al-shamayleh, Adnan (2001) “Managerial Corruption in the Police Departments,” paper presented at the Eight International Police Executive Symposium, Szczytno, Poland, May 27-30.

Amir, Menachem (2001) “Corruption and Organized Crime,” paper presented at the Eight International Police Executive Symposium, Szczytno, Poland, May 27-30.

Becker, Harold K. and Donna Lee Becker (2001) “Corruption in the Los Angeles Police Department’s Rampart Division,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Bracey, Dorothy H. and John T. Johnson (2001), “WWW Resources for the Study of Police Corruption,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Camarra, Moussa D. (2001) “Reflections on Corruption,” paper presented at the Eight International Police Executive Symposium, Szczytno, Poland, May 27-30.

Cole, Bankole and Katie Brown (2001), “Police Corruption in the British Parliament,” presentation at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Da Silva, Jorge (200l) “Fighting Corruption and Brutality in Law Enforcement,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Dellasoppa, Emilio E. (2001) “Corruption, Structure of Social Relations and the Collusion Process in Brazilian Society,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Ebbe, Obi N.I. (2001) “Political Corruption in Africa,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Edelbacher, Maximilian (2001) “Corruption: A Threat to World Order: An Austrian Perspective,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

French, Laurence A. (2001) “Borderland Corruption: A Binational Study of Policing the U.S./Mexican Border,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Fric, Pavol, Michal Burian and Czeslaw Walek (2001) “Transparency for the Czech Police,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Garaj, Peter (200l) “Corruption Phenomenon and Anticorruption Policy in the Slovak Republic,” presentation at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Gilinskiy, Yakov (200l) “Corruption: Theory and Russian Reality,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Gultekin, Recep (2001) “Corruption in Turkey, An Overview,” presenation at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Ivkovoch, Sanja K., Irene Cajner-Mraovic and Drazen Ivanusec (2001) “Controlling Police Corruption: The Croatian Perspective,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Kashem, Mohammed Bin (2001) “The Social Organization of Police corruption: The Case of Bangladesh,” paper prepared for presentation at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Kumar, Rama Sampath (2001) “Corruption in Transitional Russia,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Matsoso, B. (2001) “Corruption: A Threat to World Order,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Montoya, Mario D. (200l) “Corruption: The Enemy of the State, the Ally of Organized Crime,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Mutonyi, John P. (2001) “Corruption: A Threat to World Order-The Kenya Perspective,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Nalla, Mahesh K. and Korni S. Kumar (200l) “Conceptual, Legal, Ethical, and Organizational Dimensions of Corruption in India: Some Policy Implications,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Nglandu, K.A.M., S.M. Ngangula, and William Mubanga, Zambian Police Service and the Anti-Corruption Commission, “Corruption-A Threat to World Order: Zambia’s Perspective,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Ogutcu, Mehmet (2001) Economics and Politics of Corruption in Turkey: Fighting for a ‘Clean Government and Business,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Ojomo, Abimbola J. (2001) “Corruption in Nigeria,” presentation at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Ostrov, Benjamin C. (2001) “The Anti-Smuggling Investigation Bureau’s War on Smuggling in China,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Palmiotto, Michael J. and Matt Alter (200l) “Fighting Police Corruption: Strategies Used by American Police,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Plywaczewski, Emil W. and Wieslaw Plywaczewski (2001) “ International Transparency,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Plywaczewski, Emil W. and Wieslaw Plywaczewski, “The Threat of Corruption in Poland with Particular Regard to Public Services,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Punch, Maurice (200l) “The Belgian Disease: The Dutroux Scandal and the Reform of the Belgian Police and Justice System,” paper prepared for the Eighth Puonti, Anne (2001) “Towards Transparency in Decision Making: A Finnish Perspective on Corruption Control,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Sarre, Rick and Tim Prenzler (2001) “Policing Corruption,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Skolnick, Jerome H. (2001) “Corruption and the Code of Silence,” presentation at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Stojanovski, Trpe (200l) “Some Aspects Related With ‘The Dark Number’ of Crime in the Society in Transition,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Warsame, Jama D. (2001) “Corruption: The Kenya Experience,” paper presented at the Eighth International Police Executive Symposium, Szczytno, Poland, May 27-30.

Zambia Police Service and the Anti-Corruption Commission (2001) “Corruption! A Threat to World Order: Zambia’s Perspective,” paper presented at the Eighth International Police Executive symposium, Szczytno, Poland, May 27-30.