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

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  The State Anti-corruption Commission initiated creation of anti-corruption Coalition leading NGO’s, media representatives, Members of Parliament in response to numerous criticism from the civil society, including TI-Az, on under representation of NGOs in the anti-corruption activities of the state and lack of coordination between NGO’s and Government Institutions combating corruption.
  

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  Popularity of ALAC is well illustrated the following fact. Several car drivers have reported that, when stopped by the road police, they demonstrated ALAC flyers and threatened to complain, if mistreated, which made policemen behave within limits of the law.
  

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  The number of initial calls/contacts this Quarter exceeds the aggregate number of two previous Quarters combined. Total number if complaints/initial contacts for the project life is 760 (of which, Baku 548; Ganja 212), while total number for Quarter IV is 401 (Baku: 288, Ganja: 113). More details are provided in section 1.2 of the report.
  

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  Responsiveness of public agencies has considerably enhanced both in terms of quantity and quality. More issues are solved and even if not solved to satisfaction of customers, still substantial efforts are taken to investigate complaints (Cases 308/162, MG 18). In addition, some letters to ALAC are signed by the top level officials (Chairman of Supreme Court- cases 258/158; Minister of Education (cases MG 19; 294/159; 275/156).
  

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  The main challenge is that, very much unlike Baku, the regional Center in Ganja is not respected by authorities; letters sent by Ganja center are mostly ignored; Center works mainly as a collector of complaints from regions in close proximity to the regional center. The way to solve this problem is to arrange an official ceremony at Ganja center with participation of USAID and Azerbaijan government representatives and ensure broad coverage by media.
  
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  The word “Corruption” previously used in the ALAC PR campaign confuses citizens; therefore it was changed to “Bribery”, which is much more understandable to common people.
  
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  Billboard and poster elements of the PR campaign (underground, bus stops and main streets) have proven to be less efficient that television (according to the “source of information entry” of the primary contacts register); which will lead to more intensive use of television in subsequent quarters.
  
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  Hotline connection problems (see section for more details Section 1.1) was attended to. Efforts have been taken to capture calls out of office hours and those which were disconnected because of
  
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  Absence of the habit to resist corruption among the population – this problem was addressed via an aggressive media campaign (In addition, to running line on ANS, 13,200 flyers have been distributed to all subscribers of “Echo” and “525” newspapers all over the country.)
  

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  General skepticism of the populace of the capability of the civil society to urge public agencies to attend to corruption cases – this problem is addressed by publicizing success stories in media (including preparation of an article for TI Quarterly newsletter (March 2006), mainly via current radio Azadlyg program and will be further consolidated via organization of a TV talk show planned for the end of June.
  
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  Poor legal education of the society – this problem is addressed by organization of training programs designed for various target groups (this Quarter business and legal NGOs being the main audience of training programs).
  
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  Advocacy for legislative and institutional changes: Section 4.4.3 offers coverage of issues indirectly related to ALAC. Transparency Azerbaijan, alongside with many other international forces, through media urged the government to implement one of its crucial international obligations – to adopt amendments to the Criminal Code and Code of Administrative Offenses to validate corruption related offenses envisioned by the Article 9.2 of the Anti-corruption Law (Newspaper articles 3, 4, 5 from section 4.4.3). Such amendments have been introduced to the Criminal Code in early April (The bill is yet to be signed into a law as of date of this report), however, amendments to the Administrative Code to validate offenses, creating environment favorable for corruption (as per Article 9.3 of the Law) are still to be made.
  
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  Weak public control over implementation of the national anti-corruption program shall be attended to by ABA/World Learning/USAID arranged trip of a group of Azerbaijan officials, NGO and media to familiarize with the New York city Anti-corruption mechanisms, where ALAC provided technical assistance to select and contact participants.
  
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  Monitoring of the implementation by the state of its international obligations to combat corruption has been performed and results submitted to OECD to assist assessment of the government’s progress report within the OECD Anti-corruption Network.
  

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  Total number of complaints for the project life is 760, of which Baku share is 548 and 212 were received in Ganja. Number of complaints for Quarter IV is 401 (Baku: 288, Ganja: 113). More details are provided in section 1.2 of the report.
  
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  Complaints of Quarter VI not only exceed previous quarters in terms of quantity, cases are also better attended to by authorities. Number of responses is 57, as compared to 22 and 42 in previous Quarters II and III, in addition to new developments with respect to cases from previous quarters. (3 from Quarter II and 4 from Quarter III).
  

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  The most corrupt spots based on statistics of complaints of the Baku and Ganja Offices are the same as in previous Quarters, namely: judicial system, local executive power, however, education and health systems and municipalities are also picking up in number of complaints. Within judicial system, complaints are related either to corrupt practices of judges or failure of Judicial Executors to implement court rulings (case 258/158; 184/108). With executive committees and municipalities, complaints are connected either to illegal construction, viewed by those in the vicinity as dangerous for their dwellings, or bribe extortion at allocation of land plots (cases204/116; 213/113).
  
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  Some of the cases from the most corrupt spots speak out for themselves - ALAC failed to have public agencies to recognize violation of the law by officials in three cases with strong evidence to the contrary (a judge accused by claimant of producing false case hearing records, testifying to alleged satisfaction of the claimant by the defendant - Case No 193/118; a judge was not found guilty, despite the fact that he produced two contradictory judgments over the same case – one in favor of defendant and claimant each – case 320/172). Baku Mayor’s Office refuses to accept validity of the complaint by a citizen, despite documents from Ministry of Environment and Architecture Committee in support of the complaint, Case No 259/150). The same tendency is observed in other areas when facts of extortion are refused to be recognized by authorities. (cases 181/185; 310/170; 339/176; 199/119). In many instances, officials choose minimum punishment possible under circumstances (cases 379/190; 309/169).
  
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  Discrepancy between de juro and de facto has considerably diminished in Quarter IV due to increased public awareness of the project and enhanced quality of complaints sent by project to appropriate state authorities, however, still can occur (Case No 235/138).
  
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  Citizens are more interested in settling their problems and once achieved are ready to drop legal proceedings (Case No 320/172). There was one case of abuse of ALAC by a defaulting bank debtor (case MG 18).
  

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  Main success stories:
  
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    an unemployed teacher given a job (case 294/159)
    
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    school principal relieved from position for embezzlement (case 379/190)
    
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    head of a hospital department issued a severe reprimand and another employee fired (case 309/169)
    
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    two families’ accommodation facilities improved (cases 240/141; 393/181)
    
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    pension deductions for miscalculated amount stopped and errant officer fined (case 391/193)
    
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    extra amount reduced from citizen’s gas bill and bribe extortion stopped (case 332/173)
    
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    illegal tax formula imposed by a municipality annulled (case 255/148)
    
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    social benefit illegally paid in the result of abuse of office returned to the state (case 151/133)
    
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    citizen provided with a gas supply facility (case 235/138)
    
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    civil dispute settled out of court, however, corruption of the judge refused to be recognized (case 320/172)
    
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    Court decision on reimbursement of a debt implemented (229/136)
    
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    Police officers reprimanded for rough treatment of a driver (218/128)
    
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    Registration in the late husband’s house and new ID issued to a widow (G 119/82)
    
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    Funds restored to the budget and embezzlers punished in an administrative order (case 29/17 QIII)
    
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  Ganja office moved to new premises and Baku office cost increase agreed – please see Section 2.1 for more details
  
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  New IT hired for Ganja (section 2.2)
  
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  Financial surplus from previous transfers have been spent (section 2.3)
  
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  3 new volunteers trained in Ganja, 1 in Baku, 1 transferred to Baku from Ganja (section 2.4). Overall, Ganja puts special efforts to train volunteers.
  
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  All registration procedures have been accomplished, TA now owns bank accounts per project, stamp, new letter heads. There were some changes in the board. (section 2.9)
  
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  Two ALAC employees participated in ALAC workshop at TI headquarters in Berlin to present Azerbaijan ALAC specifics (section 2.10)
  
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  Interest of media towards TA activities is still rather high, thanks mostly to ALAC – please see section 2.6 for more details
  

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  Public agencies, on the whole, cooperate with ALAC, but refuse to sign any written obligations, but mostly cooperate with ALAC Baku, but not Ganja center.
  

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  The most cooperating agencies being the same as before Anti-corruption Commission and Anti-Corruption Department of Prosecutor's Office, as well as Ministry of Education (section 3.1). Agencies which began to cooperate recently; Ministry of Health and Social Protection Fund.
  
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  Non cooperating agency is: State Committee on State Property Management. Baku city Mayor’s office.
  
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  Publicity was used as instrument of pressure over Ministry of Internal Affairs in a case of harassment by the Baku airport police of young women, including an ALAC employee (case 459/197 and section 3.8), however, no response was received so far, despite the fact that the 1 month period required for response has expired.
  

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  Anti-corruption Coalition of NGOs and MPs was initiated by the State Anti-corruption Commission in response to criticism from the civil community, including ALAC (section 3.10)
  

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  20,000 flyers were distributed, of which 13,200 within national circulation of 2 major newspapers with funding from USAID, the rest at no cost at various ALAC meetings and through regional NGOs (section 4.2)
  
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  This Quarter saw an aggressive media campaign (section 4.3)
  

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  Since January 9, 2006 a running line advertising ALAC is on ANS TV
  
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  In Ganja Alternative TV continued broadcast of running line since mid-December
  
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  ABA continued support for ALAC PR campaign started in Quarter III. ALAC advertisements were placed 4 advertisements on subways and 2 in bus stops;
  
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  ABA supported ALAC PR campaign. Since January 27, 2006 there were placed 1 Billboard with ALAC hotline advertisement on the south entrance to Baku;
  
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  Since March 3, 2006 ALAC hotline advertises on regional TV Gutb (of Guba region, this TV is broadcasted to 6-7 regions, mainly Guba-Khachmaz-Devechi-Siyazan) which covers regions of the north Caspian seaside.
  

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  ALAC was covered by media 6 times, TA commentaries and policies resulted in another 6 publications, plus two other related TA projects received attention of media 8 times (section 4.4)
  
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  ALAC was advocated among other legal NGOs and various legal clinics functioning in Azerbaijan (section 4.5)
  
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  Ganja office hosted several NGO meetings and training programs (section 4.5)
  

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  Regular weekly radio Azadlyg (Azeri desk of radio Liberty/Free Europe) since November 8 (20 programs so far); last program # 20 broadcasted on March 21, 2006 was appreciated by Radio Liberty Prague and was asked to be rebroadcast from Prague on March 28, 2006. Topics of the programs were: collection of water user’ fee, where flows money from paid parking, corruption in education, how to fight with corruption? issuance of orders for multi storey constructions, tenders, how tenders held in Azerbaijan, customs fees for car importation, target social allowances, illegal military cards, amnesty of finances and its influence to the Azerbaijan economy and etc. - please see section 5.1. for more details.
  
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  Main beneficiaries of training this Quarter were businessmen (section 5.2) and students (section 5.4.).
  
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  In Ganja volunteers were very active in face-to-face education of citizens, with refugees/IDPs being one of the target groups (section 5.5).
  

Special Toll Free numbers for Baku office (088 707 07 07) and Ganja (088 202 02 02) are operational since July 1, 2005. Toll Free system conflicts with old (analog) phone line, and the problem has not been rectified by the provider, despite numerous assurances on their part. The problem is partially solved by calling back to those customers, whose failed attempt to call was registered in the monthly incoming calls list provided by Toll Free company. Numerous calls after work hours time and on weekends led to purchase of answering machines for Baku and Ganja each, which allows to track down more callers.

1. 
   Sex of Complainants
   

The same as in previous quarters and as seen from the table below, males are overall more active than females. However, female participation is rather high as well. The number (16) of not recorded sex of complaintants is explained by the fact that these cases were recieved from Corruption and Society Magazine.

2. 
   Age of Complaints
   

Many cases are either received by regular mail or rejected at the stage of initial telephone contact, therefore in the past there was no possibility to record age. To rectify this problem, as of late November, registration forms for initial contact were enhanced to include a line for age, inter alia. However, the majority of our age recorded customers represent the most socially active and able bodied age group of 35-50, though older people of 50-65 are active as well. Still, participation of young people is not very high, despite efforts to specifically target youth groups (see section 5.4 and 5.5).

4. 
   How Complaints Are Initially Received
   

As seen from the table, the same as in the past, nearly 40% of customers prefer to simply walk in.