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Free Hotline for Combating
Corruption
Success Stories |
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In less than five months, the Advocacy
and Legal Advice center (ALAC) supported by AMAN, was able to prove that
the hotline is an effective mechanism for combating corruption. More
than 568 cases, either by telephone, in person visits to the center or
through other connections, were recorded.
Publicizing these success stories does
not seek the promotion or advertising of the affiliated center but to
provide the reader with a brief summery of selected examples of its
accomplishments; and since AMAN’s main goal is to strengthen
accountability and increase awareness of the importance of transparency,
names of whistleblowers will not be publicly disclosed. This is of vital
importance on order to encourage the "silent majority" to exercise a
positive role in limiting the spread of corruption by reporting
corruption incidents without hesitation, reluctance or fear. AMAN also
hopes that citizens will take a proactive role in reporting corruption
cases they have either witnessed or fallen victims to. In this regard,
it must be noted that the largest percentage of whistleblowers recorded
by the center were actually direct victims of corruption. AMAN hopes
that this will encourage, in the future, every witness of corruption
will work to combat it in the Palestinian society.
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Citizen’s Letter results in cancelling Large
Public Tender
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Following a brief letter from a director of a civil society institution
to AMAN, a change was ensued in a tender policy at the Ministry of
Public Works. A handwritten letter of one page stated that "a
Palestinian institution that took part in the preparation of the terms
of reference for a specific study on waste water and sanitation, had in
fact competed for the tender. This case illustrated an obvious case of
"conflict of interest”, one of the most common practices of corruption
in the Palestinian society.
The case, stored in “The orange file; case number (3)”, reached AMAN on
February 10, 2009, months before –the official opening of ALAC. Although
the red tape signals the official opening, the center does not accept
lines of this color to set limits for its mandate and activities.
Once the case fell into the team’s capable hands, the center addressed
it in its own way and distributed the tasks to team members, each
according to his/her expertise. The Legal advisor did the background and
fact checks, while careful examination and analysis was undertaken by
Ms. Hama Zidan, ALAC Coordinator, respectively. Afterwards, it was
referred to Dr. Azmi Shua’ibi, AMAN’s Commissioner for Combating
Corruption to take decision on how to further pursue the subject.
On the
spot, after less than twenty-four hours, AMAN wrote an urgent letter to
Kamal Hassouna, the Minister of Public Works, and made several telephone
calls with the Deputy Minister, Mr. Maher Ghoneim regarding the
subject.
Shortly afterwards,
AMAN discovered that Minister Hassouna ordered the cancelation of the
tender in question thus signaling the case closed as of July 10, 2009. |
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A Follow-up Workshop Leads
to Corrective Measures |
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The complaint file number (4)
contains serious protests of three private Palestinian companies working
in the communication and information technology sector.
In a report submitted to AMAN on February 16, 2009, the three companies
illustrated their reasons behind lodging their complaint against the
Ministry of Transport. The letter/report stated that “The Ministry of
Transport mixed between qualifications needed for importers of supplies
and that of tendering offers for printing of the licenses issued by the
Ministry." Furthermore, the protesters continued "Technical studies were
conducted rapidly and without technical reference to the proposed
tenders. The ministry neglected the tenders submitted by firms that
offer national products in contradiction of Article (9) of the Public
Supplies Tendering law of the year 1998."
A quick result was achieved within ten days. Two days after filing the
complaint, ALAC’s team telegraphed the Minister of Transport, Mr.
Mashhour Abu Daqqa, to inform him of the potential existence of conflict
of interest in the tender in question. The Minister expressed clear
interest in the subject. A workshop was held that brought together the
Minister, representatives of all private firms and relevant institutions
in addition to AMAN’s Commissioner for Combating Corruption.
On February 25, 2009 the Minister met again with the institutions to
clarify the tendering process and procedures stressing that any bid
would be cancelled if conflict of interest is proven. Direct follow up
by the Commissioner led to the re-opening of files and the tender in
question was suspended pending the findings of the investigation which
was opened specifically to inquire into the circumstances that led to
the tenders’ awarding.
The media broke the story on the next day citing a ministerial decision
for tender suspension. Page 24 of al-Quds daily newspaper reported that
"Representatives of a number of firms complained over what they
described as the “obscurity of the terms of reference of a certain
tender" without overlooking the role of AMAN and its executive arm (i.e.
the Advocacy and Legal Advice Center that closed this file on April 11,
2009
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Fifty Shekels Expose Corruption |
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A story lives between the lines of complaint file number 10. The
reported event describes a case of corruption brought to the attention
of ALAC’s team, just one day prior to the official announcement of the
center’s birth on March 29, 2009. When one citizen sought subscription
to "al-Aqsa Intifada free health insurance" administered by labor
unions. One employee of a certain union asked the citizen to pay 80 NIS
for this free health insurance card”. The staff member told the citizen
that this payment includes 30 NIS for the insurance itself while the
remaining 50 NIS account for the card’s delivery and transport fees.
After paying the requested amount, other workers told this citizen that
these fees were unlawful since al-Aqsa is a free health insurance
scheme. Consequently, the citizen contacted ALAC for assistance on its
free hotline number 1800180180 to inform the Center’s staff of the
details and inquire whether the behavior of the union’s employee
constitutes an act of corruption. The center explained that it indeed is
a corrupt behavior that falls under the “illicit gains”, “profiteering”
. Unfortunately, the citizen lost the payment receipt which weakened the
ability of the ALAC team to prove the case of illicit gain against the
union’s employee.
On April 2, 2009 AMAN addressed the Minister of Labor, Dr. Samir
Abdullah, but received his reply 19 days later stating that “The
Ministry would like to clarify its position on the complaint in question
stressing that this particular health insurance is awarded to the
unemployed, and is exclusively monitored by the Ministry of Labor
through its Employment Departments in the various districts”.
The ministry’s reply further explained that" the complaint in question
was follow-up where the ministry contacted this particular labor union
and alerted them to the fact that these practices are in violation of
the law. The letter also stressed that the beneficiaries have been
informed about the procedures for obtaining health insurance
certificate."
The file was closed on April 22, 2009. ALAC informed the complainant of
the outcome who in turn expressed satisfaction of his role towards
putting an end to the potential exploitation of the needy unemployed
workers by other staff indicating that the loss of the important receipt
caused a lot of losses but was educational nonetheless. |
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A Complaint Enforces a Court
Decision |
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On March 26th, a citizen complained that harm was inflected
on him by the police services in the district. The complainant accused
the police of not implementing a court decision against a member of the
security forces which was issued on February 22, 2009. On April 2nd,
AMAN addressed the Minister of Justice, Dr. Ali Khashan, and after 29
days, the minister wrote to AMAN stating that "The ministry would like
to inform you that we sent a formal letter to Issa Abu Sharar, the
Chief Justice and Head of the Higher Council of Justice for the adoption
of all necessary measures. The ministry will keep AMAN updated on the
results as soon as a reply letter is received from the Head of the
Higher Council of Justice."
May 4, 2009 marked the end for file number (12) and the aforementioned
officer was arrested to signal the implementation of the court’s
decision.
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Phone Call locks up a Security Officer behind
Bars for Shooting two Young Men |
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When this particular citizen knocked on ALAC’s door, he thought that
that his complaint will not be heard since he has tried with several
institutions. He says "I took my case and tried to have the court's
ruling on the military officer who shot my two boys inside the police
station and left them with paralysis in 60% of their bodies implemented,
but with no result. One judge, however, advised me to call the hotline
of the Advocacy and Legal Assistance Center, which I did. The team
received me very well. Before, I was frustrated, because many
institutions that I sought did not do anything to help me."
ALAC picked up the case file numbered (23)
after receiving it on June 24, 2009 to tell his story to decision
makers. In his affidavit the complainant stated that: "On May 23, 2005,
two of my sons were shot by a security officer when inside the
headquarters of the security agency, more specifically within the
interrogation room. They were admitted to the hospital because of their
injuries. The incident left each of them with a permanent disability.
The military court sentenced the officer for five and a half years
imprisonment but the ruling has not been implemented since its issuance
on December 10, 2006."
ALAC’s letter to the Minister of Justice Dr. Ali Khashan, dated July 1,
2009, was answered by the Minister after thirty-six days. The reply
letter informed ALAC that: "after reviewing the complaint file, and the
verification, legal and judicial justifications and evidence, the
ministry sent Brigadier Majed Faraj, the Director General of Military
Intelligence, a letter dated July 29, 2009. The Ministry was officially
informed on August 1, 2009, by the General Intelligence that the officer
in question is under arrest and has been referred to the Criminal
Investigation Department; to be transferred to the civil prison to serve
his sentence. "
The Complainant further confirmed that: “I was afraid that my children
will take the law into their own hands and get revenge from this officer
who was roaming around freely”. He concluded with a word of advice to
other people who might find themselves in such a situation. “If you ever
know of any corruption cases, you should not keep silent, but rather
contact the ALAC Center to report the case. Let me quote a well known
idiom: “bullets may not all hit their targets directly but for sure they
will make some noise.”
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A Court Complaint Changes the Traffic ticketing
System |
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Case number (26) contains a complaint
pertinent to a minor traffic accident, which nevertheless dragged him
into court for a period of six months. The case illustrates the overload
plaguing our judicial system at the present time.
During that time, the complainant stood
before a different judge every session convened by the court. After this
complaint made its way to ALAC, it was given special consideration and
interest as it reflected the suffering of citizens, judges and courts
alike due to the pressure of traffic issues. The case was adopted as a
case creating public interest and an environment conducive to the spread
of corruption.
On July 6, 2009, just one week after the
long complaint was submitted, ALAC wrote to the Head of the Higher
Judicial Council, Councilor Issa Abu Sharar, stating that lately
citizens are discontent and complaints about the Palestinian courts’
performance in relation to traffic issues have noticeably increased.
Enclosed with this letter is an example of the citizen complaint form
used by ALAC. Although ALAC is aware of the pressure and the burden
facing the judicial system as a whole, the Higher Judicial Council needs
to reach out to and coordinate with all concerned parties to define and
agree on appropriate solutions for both courts and citizens. ALAC is
ready to assist in this matter. "
The reply letter arrived seven days later
in which Councilor Abu Sharar clarified that the reasons behind this
backlog is the absence of secondary bylaws and regulations to determine
the value of financial penalties for traffic violations which in turn
will enable the citizen to pay these fines without resorting to the
judicial system. Until such regulations are made, citizens are forced to
seek the court system which creates unimaginable and unjustified burden
on the judicial authority. The Higher Council of Justice welcomes your
initiative and coordination between related parties "the Palestinian
Ministry of Transport and the cabinet".
When contacted by ALAC, Minister of
Transport, Dr. Saadi al-Krunz, and the Secretary-General of the Council
of Ministers, Dr. Hassan Abu Lebda, confirmed that the regulations in
questions are on the cabinet’s agenda to be discussed during the
upcoming session. The regulations were adopted and approved by the
cabinet which also formed a committee to develop its mechanisms of
implementation.
ALAC struck the iron while hot! A special
workshop was conducted for the Ministry of Transport, (The Minister of
Transportation Dr. Saadi al-Krunz himself attended surrounded by his
consultants), the Higher Traffic Council, the Higher Judicial Council,
the traffic police and the Independent Commission for Human Rights. This
coalition presented their recommendations for the mechanisms for the
enforcement and implementation of the system of traffic violations
fines.
Based on the statements of the Council of Ministers and the Ministry of
Transport, it is expected that the efforts pay off in the fourth quarter
of 2009 when citizens will be able to pay traffic violation fines
directly to the banks without going through the courts’ long and
complicated procedures.
In this manner, the simple complaint by one citizen's has contributed to
changing an entire system and influencing the current situation in a
positive way. |
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A legal Human Rights Memorandum
Causes the Detainees’ Release |
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Case No. (33) Actually bears the stamp of
al-Dameer society which complaint urged for intervention in order to
enforce the court order for release of some Palestinian detainees. The
Society informed on July 22 of many complaints it has received, the last
of which dates back to July 12, 2009. All of these complaints commonly
seek the release of Palestinian citizens withheld by a certain security
agency despite the instructions to that effect made by the Civil Public
Prosecution.
AMAN hurried to send the Prime Minister,
Dr. Salam Fayyad, a special letter on the day after the complaint was
filed. The letter maintains that "It was noticeable that (a specific
security agency) persistently rejects compliance with Court of Justice’s
decisions and rulings. Enclosed is a letter received from a relevant
institution to which we hope to convey your interest in the subject, and
that it is on its way to resolution."
On July 26, the Prime Minister had not only
held a meeting with the heads of security agencies and stressed the
necessity to implement all rulings of the Supreme Court but also held a
press conference to stress the independence of the judiciary and respect
for courts decisions in addition to their enforcement by all parties and
the security agencies in particular. After the intensive communication
between ALAC and al-Dameer Society, the later confirmed the recent
release of the complainants who had already received on ruling of the
Supreme Court in their favor.
Thus, file number (33) was completed by the successful release of
detainees and put an end to some cases of misuse of public office by one
of the security agencies.
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A Minor Complaint Makes a
Difference |
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A Gazan citizen complained to ALAC that one municipality demanded the
receipt of a fee (between 100 and 200 shekels) in return for the
obtainment of a damage assessment certificate of his house, which
collapsed due to the Israeli aggression on Gaza in late 2008 and early
2009.
The case was assigned a file of serial number (11) and ALAC contacted
the municipality to discuss its criteria and justification for demanding
such a fee. The municipality replied that it resorts to this mechanism
as part of the payment of citizens accumulating debts due to the
municipality and public utility service providers.
ALAC addressed the Ministry of Local Government in the deposed
government to inquire about the justification for this deduction. The
later replied that this part of the damage assessment process has been
assigned to the municipalities as a form of assistance and division of
responsibilities given the present emergency situation in the Strip
after the recent Israeli aggression.
ALAC continued to enquire into the issue and concluded that such fees
have been practiced by just one municipality, and applied only in
exceptional circumstances in the aftermath of destructive aggression.
Therefore it is necessary to stop such a procedure.
Days after AMAN addressed the minister of the deposed government, the
ministry held a workshop for all mayors to streamline the criteria for
citizens’ financial claims for compensation and its relationship with
damage assessment. ALAC succeeded in having the municipal fees waived
for citizens ravaged by poverty and post-war trauma.
AMAN stressed during its communication with the municipality upon the
latter’s request to discuss the complaint on the municipalities’ right
to recover its entitlements in full from the citizens. However, the
emergency situation in the Strip, precedence must be given to citizens’
interest at this stage, and to eliminate this practice since it is only
practiced by this municipality. This file was closed successfully and
was added to the list of complaints and files addressed successfully by
ALAC.
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A Payment of Ten Thousand Euros
Leads to the Dissolution of a Municipal Council |
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On March 28, ALAC telephone ran and the team had a conversation with a
municipal council member on the other end that lodging a complaint
against the council in the northern areas of the West Bank. Briefly,
the complaint told a story of a municipal council bailed out a private
sector institution that executed a road tender in the town.
File number (13) reveals that the municipal council covered the deficit
(10,000 Euros) resulting from the implementation of the abovementioned
tender which original value was 59,000 Euros while the actual cost
reached 69,000 Euros. The difference was by the council which
constitutes in the complainant’s view "a waste of public funds and
assistance to a private contractor!"
On April 5, 2009 ALAC wrote to the Minister of Local Government, Mr.
Ziad Bandak, to inquire about the paid amount paid in reference to the
complainant's fear of public fund misuse. The minister’s reply came on
May 3 and the very next day ALAC informed the complainant of the result.
Both parties were surprised to learn that this story motivated the
Ministry to review and audit the municipal council performance and
financial records to reveal the existence of various irregularities.
Based on this information, the decision came with the dissolution of the
council while search is still underway for the appointment of a new
council |
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