Corruption Perceptions Index 2023

Recommendations Our research and work with partners in over 100 countries suggests that governments seeking to tackle corruption, promote justice and strengthen the rule of law should: Shielding the justice system from interference is paramount for its functioning. Promote merit- based rather than political appointments and ensure that the system has qualified personnel and is properly resourced. STRENGTHEN THE INDEPENDENCE OF THE JUSTICE SYSTEM Protecting people’s right to access justice is a first step against impunity and corruption. Strategies to pursue this goal include simplifying complex procedures, making legal procedures accessible to all, widening the definition of victims of corruption to include non-state victims and granting qualified civil society organisations (CSOs) the right to initiate and bring forward cases of corruption – whether criminal, civil or administrative – and represent the interests of victims of corruption. IMPROVE ACCESS TO JUSTICE Ensure that the special protections required by members of the justice system to perform their functions are not abused. Abuse may be prevented through dedicated whistleblowing and reporting channels, as well as requirements for judges, prosecutors and other relevant actors to disclose their assets and interests, and ensure that salaries are commensurate to their work. INTRODUCE INTEGRITY AND MONITORING MECHANISMS Transparency can help shed light on the functioning of the justice systemandmake it more accountable. Ensure that relevant data on judgments, out-of- court settlements and enforcement as well as legal procedure and administrative rules are openly available and can be scrutinised by members of the public. This could help discourage corruption and ensure that laws against corruption are properly applied and administered. MAKE JUSTICE MORE TRANSPARENT Where grand corruption schemes are carried out in countries with justice systems that are “unwilling or unable” to enforce against the offenders, justice institutions in foreign jurisdictions with stronger rule of law can play a crucial role in countering impunity by handling the grand corruption proceedings. This calls for those foreign countries to have in place key procedural measures, such as extensive jurisdiction, minimal immunities for foreign state officials, standing for qualified public interest CSOs to pursue those cases and represent victims, and a broad definition of justiciable harm that encompasses widespread harm to a large number of victims. EXPAND AVENUES FOR ACCOUNTABILITY IN GRAND CORRUPTION CASES Justice systems are complex, but ensuring that their different components can effectively collaborate is essential. Defining clear and complementary responsibilities is critical to achieve this objective. Given the widespread use of informal justice systems in some regions, reflecting on potential synergies between formal and informal systems could also prove beneficial. PROMOTE COOPERATION WITHIN THE JUSTICE SYSTEM TRANSPARENCY INTERNATIONAL 6 Embargoed until 07.01am CET (Berlin) 30 January 2024