Transparency Azerbaijan Advocacy and Legal Advice Centers (alac) Project Narrative report Quarter IV project Life


Monitoring of cases from previous Quarters



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1.4 Monitoring of cases from previous Quarters
Please note new developments re old cases in the last column of the Table below.
Cases from Quarter III


Registration umber

Public agency – subject of complaint

Case presented by citizen

Actions taken by ALAC
Actions taken by relevant public agencies

Essence of the case/Opinion of ALAC staff of the case

Degree of satisfaction by citizen or view de facto

Status of the case

New developments

In Q IV

136/90

Ministry of Education

Closing down of a kindergarten in 2002 with the alleged intention to sell the state property into private hands

Sent a letter to AC Commission (which in its turn forwarded it to Ministry of Education). The Ministry’ response is that the kindergarten was closed for reconstruction

This case was covered by radio Azadlyg on November 15



ALAC staff did not agree with the explanation and insisted that no construction is going on the premises. Therefore, a second review was requested in response to which the Ministry agreed that the kindergarten was not reconstructed due to lack of funding, which has been raised now and promised that the facilities will function as a kindergarten in future. Narimanov district excom also confirmed that the premises have not been sold.

Citizen satisfied as the letter from the Ministry can be viewed as a guarantee that the premises will not be sold.
ALAC partially satisfactory outcome and has not changed opinion after revision

Case closed.
Will be monitored in future



Citizen was helped to write several letters in line with Access to Information Law but received no response.

The case closed




29/17

Nasimi region Education Department

School principal complains of corrupt practices of an official

Sent a letter to Ministry of Education and Prosecutors’ General

(the latter forwarded to Ministry of Finance)



Ministry of Finance revealed some financial defects and recommended Ministry of Education to take administrative measures.

The latter (after TA public statement of the refusal of the Ministry to respond – this fact was even mentioned in the Ministry’s letter with a non plausible explanation of default) acknowledged the fact of financial violations.



The case is complicated by the fact that the citizen was dismissed from her position and at the moment is pending a court case against Ministry of Education.
ALAC - outcome is not satisfactory satisfied as no actions have been taken against the official and the complainant was fired.

ALAC is satisfied after revision.

In process

Addition letter was written to Min of Ed to get more information

Min replied that people violating financial procedures at Nasimi district Education Department were punished in demonstrative order and overspent funds (109,2 thousand old AZM) restored to the budget


The legal claim was refused by court.
The case passed from in process to closed.

204/116

Surakhani excom and municipality

Citizen complains of illegal sales of land plots by excom and municipality


A letter to Prosecutor’s office of Surakhani region

The citizen was summoned to the Prosecutor’s office to give evidence

Citizen satisfied
ALAC outcome partially satisfactory, degree of satisfaction has not changed upon revision


In process

Surakhani Prosecutors’ office replied that all citizens quoted by claimant as having paid a bribe refused to confirm the fact.
The case passed from in process to closed

Cases from Quarter II


Registration umber

Public agency – subject of complaint

Case presented by citizen

Actions taken by ALAC

Actions taken by relevant public agencies

Essence of the case/Opinion of ALAC staff of the case

Degree of satisfaction by citizen or view de facto

Status of the case

New development

82/64

Bilasuvar road police

Bilasuvar prosecutor’s office



A citizen’s car was illegally detained and a bribe was requested by road police for the car release. Citizen filed a complaint with Bilasuvar Prosecutor’s office, which declined to institute a legal proceeding.

A letter to General Prosecutor’s Office
General Prosecutor’s Office annulled decision of Bilasuvar prosecutor’s office and send the case for review to Jalilabad Prosecutor’s office

Partially satisfied
Corruption is very hard to prove, however there is a chance in this case, as the claimant produces a list of witnesses who were not interrogated during the first review of the case.

Citizen partially satisfied
ALAC partially satisfactory outcome, degree of satisfaction has not changed upon revision

Passed to stage 2
The case was transferred to another investigator

The case is closed. According to citizen, the Bilasuvar road police treats citizens much better and claims that informal actions have been taken
The case passed from stage 2 to closed.

87/68

Bilasuvar

Region executive committee



Residents of town of Bilasuvar residential block complain that budget funds have been allocated for repair of their house in a state of disrepair, but the bulk of the funds have been appropriated by Bilasuvar

Region Executive Committee



Letter to Ministry of Finance
Ministry of Finance commissioned financial department of Bilasuvar region to conduct an audit


Satisfied
This case can be easily proved or refuted by an accounting audit

Citizen satisfied
ALAC partially satisfactory outcome, degree of satisfaction has not changed upon revision

In process
Citizen informed ALAC that he was invited to give explanation in the course of audit, however he was not informed of the results.

ALAC wrote a letter requesting to be informed of results of audit



The audit failed to have found any violations.
The case passed from in process to closed.

MG 6

Court of Appeal

Citizen claims that her husband won a civil dispute in a district court for a bribe, which she successfully contested in the Appellation Court for a bribe.


Letter to the Judicial Legal Council, which responded that the complaint will be reviewed and she will be informed.


Partially satisfied

Citizen

Partially satisfied


ALAC – partially satisfactory outcome, degree of satisfaction has not changed upon revision

In process
The judge threatened the citizen and asked why she complained of him. ALAC wrote a second letter to Ministry of Justice with a complaint on the judge and pressure on the customer ceased.

Ministry of Justice refused to recognize a bribe.
The case passed from in process to closed.

The below case was closed in Quarter II, however in this Quarter the case received a new life. According to Mugaddes Sultanov, head of a analytic information unit of the Anti-corruption Department under the General Prosecutor’s presentation on Public Television, in the result of investigation of the Department, the Romany Hospital was stripped by Ministry of Health of a special status of a closed medical institution, which was featured as a success of the Department. ALAC tried to obtain a letter from the Department by a verbal request, but failed and has applied in writing.


However, on 23 January ALAC received an official letter where Prosecutor’s Office confirmed the above in writing. This case made a plot for TI-Quarterly newscaster for March 2006. This case was mentioned again in ALAC correspondence in respect to similar case No 459/197.



45/29

1. No 34 Closed Veneric Diseases Hospital (Ramany)

2. Nasimi police district





Citizen complains that she was illegally taken to police on the pretext of being involved in prostitution and extorted a bribe, when refused she was taken by force to the Ramany hospital, where she was forced to pay a bribe for release.

A letter to Prosecutor General and Ministry of Internal Affairs



Ministry of Internal Affairs declined the complaint, insisted that she was justly detained for prostitution and sent to Romany for medical check. Accusations of bribery were declined.

Prosecutor General did not respond, however the Romany hospital is under audit.




Both ALAC and citizen Satisfied –However, the citizen changed her testimony to close the matter down.



Closed in Quarter II

New development

According to the Prosecutor’s , Romany hospital was stripped of a special status.


The above case was covered by the Transparency International newsletter.




Anti-Corruption Work Around the World

In Azerbaijan, Advocacy and Legal Advice Centre reduces extortion from prostitutes



By Amber Poroznuk, Rena Safaraliyeva

http://www.transparency.org/publications/newsletter/2006/april_2006/anti_corruption_work/azerbaijan_alac
In Azerbaijan, prostitution is not a criminal offence, yet prostitutes are often asked for bribes by policemen and other public officials. Part of the problem is that, while prostitution itself it is not an offence under the Criminal Code, the dissemination of venereal diseases is. Those suspected of disseminating venereal diseases are detained by police officers and sent for a medical examination at the High Security Venereal Diseases Hospital (Ramany).
With no clear legal criteria on how to determine suspects, police officers frequently threatened to take women working the streets and night bars to Ramany on suspicion of this crime. The hospital’s “high security” status meant that is was guarded by security forces, creating an intimidating and frightening atmosphere for the women, and making it easier for police to keep them there by force, although women were forced to sign a document attesting that they had come of their own will.
The threat of the high security hospital was more often used to extort large sums of money than to bring cases based upon substantive evidence. If the prostitutes refused to pay the police directly, they were brought to the hospital for examination; at this point, the amount of the bribe would skyrocket as doctors also became involved in the extortion. In such a system, women were rightly concerned that their medical records would be falsified (affecting their ability to continue working) or that they would be forced to pay more bribes for ‘medical treatment’. The prostitutes, largely unaware of specifics of this legislation and their legal rights, felt helpless in the face of corruption.
Transparency Azerbaijan’s Advocacy and Legal Advice Centre (ALAC) provides a forum to provide legal advice and follow up complaints of corrupt activities.
On 27 July 2005, a woman came to ALAC in Baku and complained of the corrupt behaviour of police officers who had detained her and a friend in the street, fined them for prostitution (which, while not a criminal offence, can be charged under the Administrative Code, carrying a fine of $10 to $50), and brought them to the Ramany hospital for examination. The women claimed they were forced to pay a bribe to the chief doctor in exchange for their release from the hospital.
The relevant legislation states that no one can force a medical examination on suspects unless they are implicated in the complaint of someone reporting a disease, or if something is found by a doctor during a regular medical examination. In this case, the police charged the women with disseminating venereal diseases and detained them at the hospital for enforced treatment, something well beyond their authority.
Upon hearing the complaint, ALAC sent letters to the Ministry of Internal Affairs, the Ministry of National Security and the Prosecutor General. Although the official response of the Ministry of Internal Affairs was that the police acted within the limits of the law, ALAC’s intervention sparked a number of changes. At the request of the Prosecutor General, the Minister of Health removed Ramany's high security status, reducing the opportunity for extortion.
In addition to demonstrating to those who feel powerless that it is possible to fight back, this will eventually contribute towards improved treatment of venereal diseases (and potentially HIV/AIDS) as they come to be seen as medical and social problems rather than merely breeding grounds for corruption.


II. Assessment of the institutional capacity

2.1. Logistics
2.1.1Office premises

As reported, the landlord firmly expressed his wish to increase the rent as of January 12, 2006, which was re-scheduled till April 12 (the negotiated cost will be raised from $1,175 to $1,400 monthly gross) and will again result in over expenditure in this budget line. The ALAC address is rather well publicized and the project can not afford move elsewhere at the moment. Attachment No 1 – Notification from the landlord.


Transparency Azerbaijan Ganja office had many difficulties with the landlady, which could not be rectified during several visits of F.Bektashi to Ganja. Therefore, at the end of January Ganja office changed location. Attachment No 2 – Contract for Ganja office

2.1.2.Acquisition of equipment

No equipment was budgeted under this budget line for this quarter. However, expends occurred, totaling $162.83 under Telephone Equipment and $161.01 under Computer Sets budget entries from Balance from March-September 2005). These include: two answering machines for Baku and Ganja centers required because of impossibility of acceptance of evening and weekend calls,. Due to electric power supply problems UPS and stabilizer of Ganja project assistant’s computer burnt down and had to be replaced. The same happened in Baku. Local Network Server’s CD-rom and Project Legal assistant’s CD-rom in Baku office were broken and had to be replaced. Substantial amount was spent on cabling due to move of Ganja office.


2.1.3. Acquisition of furniture

No furniture was budgeted or bought for the period under review.


All these are reflected in financial report.

2.2 Human resources
As 1 January of 2006 Ramil Ismaylov was hired by Ganja office for the position of IT specialist with monthly salary $ 50 USD as per budget. Attachment No 3 – Contract with IT
2.3. Financial procedures and records keeping
Financial report submitted consists of Records of Expends which allow to follow balance for any given date. Records of Expends I show expends in the currency in which they have been incurred, as well as the way of spending (bank or petty cash), while Records of Expends II convert all expends regardless of the way of spending, into USD, which automatically compiles Budget Implementation form in USD. This Quarter due to introduction of New Azeri Manat and both currencies in circulation till the end of the year, special entry for New AZM had to be introduced into Records of Expends. To verify Records of Expends against Budget Implementation a special Control Form is filled in to arrive at the discrepancy between the two aforementioned financial documents. Discrepancy for project life is $54.34, which is quite understandable due to sharp USD – AZM exchange rate fluctuation.

The problem with the bank commission reported previous quarter has been settled, meaning that paper processing has been streamlined, but lead to drastic increase of bank commission.



2.4. Volunteers
2 (Lala and Tamilla) found a job and left ALAC Baku center. 2 new volunteers werehired (Aydin and Ilgar-trained in Ganja). 3 volunteers (Pasha, Bilura and Afgan) quit Ganja office and 3 volunteers (Yegana, Parviz and Elnara) joined the Ganja center. Both centers continue campaign on recruiting new volunteers to the ALAC project.
On 7th of January Ganja ALAC held a seminar for the new volunteers, who been provided with information about ALAC project and about internal procedures.

On 18th of January ALAC Ganja office arranged for a psychologist to advise volunteer’s of the best attitudes towards complainants.

In March volunteers from Ganja have been sent for a training on Elections and Youth Encouragement in Elections. The4 day seminar was been held at the Olympic Center in Quba. Accommodation was provided by organizers. The picture depicts Ganja office volunteers outside of the Olympic Complex in Quba.




2.5. Designing of data base to record and process complaints
Electronic data base is being developed and will be introduced next Quarter.
2.6 Expanding legal library/cataloguing
This Quarter 8 books were purchased under ALAC, of which 5 legal documents, 1 dictionary, 2 research publications; 7 books and 3 magazines donated by various institutions in the period under review.
Media is monitored and most interesting articles related to corruption and anti-corruption efforts are archived and catalogued. Media archive in Baku (since March 2001) has 775 articles on corruption in Azerbaijan, 111 articles on business ethics, plus 231 by or on Transparency Azerbaijan (as compared to 211 articles in the previous Quarter).
Ganja Resource Center is quite popular round town and had 113 visits during this quarter, Baku office – 88 visits, of which 15 were new comers.
2.7 Time management
All project activities planned under the project have been implemented, except for Website and electronic date processing due to registration of Transparency Azerbaijan and all subsequent time consuming procedures.
Instead of opening of center in Lankaran it is planned to divert these funds towards subcontracting several local provincial NGOs to act as ALAC liaisons and focal points.
2.8 Website
Web site capacity was expanded from 100 Mb up to 200 Mb. Several pieces of new materials have been added to the website.
2.9 Registration of TA as an independent NGO
As follows from Quarter III report, TA was registered by the Ministry of Justice on December 28, 2005. After that, TA passed through Tax, Bank, Statistics and Ministry of Justice registration procedures as set forth by the law. New letter heads and stamp for newly registered organization have been designed and produced. Funds have been transferred to the organization’s own account money from old bank account (Society of Women for Peace and Democracy in the Transcaucasus) as of February 28, 2006. Attachment No 4 - Ministry of Justice registration certificate.
At the board meeting of Sabit Bagirov self-declined his candidacy and Fuad Suleymanov, TA board member from OSI-AF was elected Transparency Azerbaijan chairman of board. One board member (Namik Aliev) has been appointed Azerbaijan ambassador to Georgia and will have to formally resign from the board. New candidates are being considered .
2.10 Relations with TI – S
2.1.10 ALAC Workshop in Berlin

Transparency International – Secretariat (TI-S) organized an ALAC workshop in Berlin, on 30 Jan 30 – 1 Feb, 2006. Workshop participants were 31 National Chapter representatives (with existing ALACs or at the funds raising stage) and 7 TI-S staff members, including workshop facilitator Ben Elers, Program Manager for Europe and Central Asia The Workshop objectives were:



  • to allow existing ALACs to share their experiences and report/justify variations/amendments to the ALAC generic mandate due to either country specifics or impracticability of some of the mandate’s provisions;

  • to enable NCs at the fund raising stage to get a glimpse of ALAC at the pre-project implementation stage;

  • to do a field test of the final draft ALAC manual by TI-S and TI Romania

There are currently 11 ALACs in 7 countries in Eastern Europe, the Balkans and the Caucasus. An external evaluation was carried out of three ALACs in Bosnia and Herzegovina (BiH), Romania and Macedonia. The initial results from these three ALACs have been startling, with over 5,000 individuals having contacted three centers in their first year of operation.


The cases have ranged from petty to grand corruption, and have been received from all sectors of society in a variety of areas. While the initial cases generally concerned ‘petty corruption’, as the centers became better known and trusted, much larger cases have been brought to light by the ALACs, particularly privatization (particularly asset-stripping) and public procurement. There have been a number of cases involving tens of millions of euros, with one involving hundreds of millions of euros.
The full impact of the ALACs is very difficult to measure, as it is not easy to attribute events such as changes in laws, resignations, prosecutions, etc. to specific causes. Nevertheless, there is compelling evidence to suggest that the centers have played a critical role of encouraging ordinary citizens to become engaged in the fight against corruption (e.g., in BiH it is estimated that 0.5% of households contacted the ALAC), that laws have been strengthened (e.g., protections of whistleblowers in Romania) and resignations and termination of employment have occurred. Similar patterns are developing in other newer ALACs.
Transparency International seeks to expand significantly the number and location of ALACs, as it believes that the strategy marks an extremely important development in the fight against corruption, as well as continue existing ALACs. Chapters which run/plan to set up ALACs in their respective countries are:

Third year: Romania, BiH, Macedonia

Second year: Croatia, Montenegro

First year: Czech Republic, Azerbaijan



At the fund raising stage: Georgia, Armenia, Poland, Latvia, Estonia, Lithuania, Nepal, Bulgaria
Some specifics of Azerbaijan ALAC was reported at the workshop:


  • Positive results of the ALAC:

    • Increased public awareness of corruption.

    • Better public profile of the organization.

    • Established good working relations (personal trust) with relevant public institutions, so they do not view ALAC as a hostile entity.

    • Forcing public agencies to attend to corruption related complaints of citizens.




  • Things we would do differently from the very beginning:

    • Advertisement campaign content – we would resort to the nationwide broadcast TV at the project on-start, as other media outlets provide lesser impact on the population. However, other advertisement tools are useful as well for different purposes:

    • the regular weekly radio program and face-to-face meetings with various layers of the population with the help of civil society organizations are good for education purposes.

    • distribution of flyers among population, billboards at the bus stops, crossroads and underground provide visibility for the project and recognition of the TV audience. From the project start we would collect data (registration form) on all customers, i.e. including all those who called and not only came or wrote.




  • Main challenges for the future of ALACs in Azerbaijan:

    • Press for serious legislative and institutional change.

    • Monitor and impact anti-corruption legislation enforcement.

    • Breaking skepticism of the population towards desire of public agencies to fight corruption and ability of NGOs to persuade them to do so.

    • Publicize success stories regularly.




  • Obstacles overcome by ALAC in Azerbaijan:

    • Public bodies refused to sign MOU (de jure), however, most of them cooperate and non-cooperating agencies have been forced to cooperate de facto by shaming them publicly.

    • Many mass media (owned/controlled by corrupt public officials) refused to run ALAC advertisement, therefore private TV (ANS) and foreign radio (Liberty) had to be employed.

    • ALAC first operation period shall not coincide with any serious (parliamentary/municipal) elections in the country as the public/media attention is diverted which affected flow of customers.

    • Poor coordination between similar various projects which was addressed by encouraging the group of donors and the State Anti-corruption Commission to set up an anti-corruption Coalition.

    • Toll Free is difficult to use due to technicalities, therefore regular telephone number had to be added, which incurred extra costs.

Some ALACS reported on their variations form the mandate as well:



  • TI Macedonia has established 4 ALACs, despite relatively small size of the country.

    • Romania accepted complaints related to public administration system at large during the first year, specialized in complaints related to judiciary and whistle blower protection in their respective second and third years.

    • Other ALACs spent a lot of time designing electronic data base at the project on-start.

    • In Czech Republic ALAC was established at the request and co-funded by Ministry of Interior Affairs, main executive anti-corruption body in the country. This ALAC believes that primary function of ALAC is to teach public agencies to deal with complaints filed by citizens, therefore they do not file cover letters with legal opinion on TI Czech letterhead.

Consistency of ALACs and TI mandate was discussed with regards to: non-investigation policy and dealing with anonymous calls.


Participants decided that investigation activities, including verification of information provided by complainants, collection of additional data by ALAC staff shall be viewed as investigation policy which is outside of TI mandate.
It was agreed that a line shall be drawn between callers genuinely anonymous for ALAC staff and citizens who reveal their identity to ALAC staff but wish to stay anonymous for the public agency in question.

In any case, anonymous calls shall be accepted by ALAC and dealt in three possible ways:



  • In BiH the law requires reporting of any corruption related information, including anonymous, and failure to report can result in criminal liability for those in possession of such information.

  • In some other countries, legislation prohibits submission of anonymous complaints, therefore, such calls shall be accepted and processed for diagnostics purposes.

  • In countries where legislation is less clear, like Azerbaijan, where no prohibition on accepting anonymous is imposed for third parties, but acceptance by public agencies is denied, anonymous calls shall be dealt with at the discretion of ALAC.

Participation of Rena Safaralieva was funded by TI-S, however, it was decided expedient for Fikrin Bektashi, ALAC coordinator to take part as well. Funding came from leftover from the budget entry TI-S mid-term assistance. Total cost is $ 1,125.71.


It is strongly advisable for ALACs to start fund raising campaign after the 6 operational months, when sufficient experience is gained to demonstrate notable results. Attachment No 5 – Workshop materials

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