Sophisticated graft methods hamper prosecution of 'big fish', say officials

The Judiciary has expressed concerns that most prosecuted corruption cases involved ordinary persons while those in high positions were difficult to bring to book because the latter often use sophisticated means.

Tuesday, February 07, 2017
Prof. Rugege addresses the media in Kigali yesterday. Sam Ngendahimana.

The Judiciary has expressed concerns that most prosecuted corruption cases involved ordinary persons while those in high positions were difficult to bring to book because the latter often use sophisticated means.

The issue came up yesterday during the launch of a one-week anti-corruption campaign that targets the Judiciary.

The annual campaign is running under the theme; ‘Rights are not bought’ and the week will see courts deliver rulings on 27 corruption cases.

Chief Justice Prof. Sam Rugege said since 2016, up to 324 corruption cases had been handled, with just 51 still pending.

"All the suspects were implicated in corruption cases ranging between Rwf3,000 and Rwf5, 000, mainly paid by motorcycle taxi operators, drivers and other ordinary people,” the Chief Justice said.

The highest amount in those cases, he said, was at Rwf500, 000. "Only 19 per cent were acquitted”.

Agnes Mukagashugi, the deputy prosecutor-general, decried the difficulty involved in bringing to book the so-called big fish and those with high intellectual capacity because these use sophisticated means to seek or offer a bribe.

"This makes it difficult to track and get evidence that can help in referring the cases to court. That few such people are in courts does not mean that they have immunity, it is rather because it is difficult to get evidence against them,” she explained.

Journalists capture Agnes Mukagashugi Deputy Prosecutor General as she gives some clarifications during press conference ( Sam Ngendahimana)

The Judiciary officials called for more investment in capacity building for investigators and judicial institutions in order to be able to detect sophisticated means of corruption.

They warned that dragging suspects to court without sufficient evidence might backfire since the state would most likely lose such cases.

Reports show that 1,385 cases involving financial crimes were received in courts last year. Up to 1,009 suspected were found guilty and convicted (73 per cent) while the rest were acquitted.

Rugege said that judges involved in corruption face serious sanctions. "Since 2005, 35 staffers (judges and court registrars) in courts have been dismissed due for corruption,” he said.

No need of special corruption court

Meanwhile, Prof. Rugege said there was no need for a special corruption court as the vice was not at runaway scale.  

"Corruption is not so widespread in our country on a scale that it needs a special court,” the Chief Justice told reporters at the Supreme Court in Kimihurura.

There are growing calls from different actors to institute the court.

But Rugege said, rather than create a fully-fledged court for the purpose, the Judiciary had set a special unit in the High Court that handles such cases "until such a time when we think a special court was needed”

He pointed to last week’s Corruption Perception Index released by Transparency International which kept Rwanda’s status as the least corrupt nation in the region and third least corrupt on the African continent.

Journalists capture Agnes Mukagashugi Deputy Prosecutor General as she gives some clarifications during press conference ( Sam Ngendahimana)

The officials also raised concerns over lack of sexual corruption-related petitions yet the vice is present in public domain.

"Different reports have pointed to the presence of victims of sexual corruption. This is a socially sensitive issue. The Prosecution office hasn’t received any complaint from victims yet, but this does not mean that the issue is not there. Victims are encouraged to come forward and report these cases,” said Mukagashugi.

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