Corruption Perceptions Index 2023

CORRUPTION AND INJUSTICE The United Nations Convention against Corruption requires governments to strengthen integrity and prevent opportunities for corruption among members of the judiciary and prosecution services, 8 while maintaining their independence. 9 This explicit focus on the justice system is not surprising, given that it plays a vital role in applying anti-corruption legislation, protecting rights and guaranteeing the rule of law. Well-functioning justice systems are a precondition and a catalyst for addressing corruption effectively. 10 When the justice system is weak, dysfunctional or lacks independence to shield itself against external pressures, it cannot uphold the law and ensure that it is applied equally to all. Under these circumstances, legal frameworks tend to lose their power to dissuade people from engaging in corruption and other criminal activities, 11 and impunity thrives. 12 It is not surprising that countries where public officials and private actors are unlikely to be sanctioned for misconduct also score poorly on the CPI. A low likelihood of punishment sends the message that corrupt people can get away with their crimes and may be a sign that corruption is tolerated and protected. The relationship between corruption and justice, however, is more than one-directional. While the declining levels of rule of law worldwide affect efforts to counter corruption, corruption also contributes to the erosion of justice by restricting access and threatening the basic principle of equality before the law. 13 When corruption takes hold of the justice system, the powerful and wealthy can escape prosecution and conviction. At the same time, large segments of society may be excluded from accessing justice or face additional costs to do so. 14 , 15 Research shows that the effects of corruption on access to justice are not felt equally across societies. It is often poor and marginalised groups that suffer most from corruption when seeking justice. 16 Vulnerable people also find themselves at a disadvantage when bribes or political connections sway legal outcomes. Recent studies also show that there is a mutually reinforcing relationship between corruption and social injustice. Corruption often results in discrimination, as favours or privileges the government grants to specific groups, individuals or companies tend to result in the deprivation of others with similar merit. 17 Corruption worsens social injustice and disproportionately affects the most vulnerable. In many countries, obstacles to justice for victims of corruption persist. It is time to break the barriers and ensure people can access justice effectively. Everyone deserves fair and inclusive legal systems where victims’ voices are heard at every stage. Anything else is an affront to justice. Daniel Eriksson Chief Executive Officer, Transparency International Photo: Transparency International CORRUPTION PERCEPTIONS INDEX 2023 9 Embargoed until 07.01am CET (Berlin) 30 January 2024