The Anti-Corruption Commission (ACC) has amended its investigative procedures, granting the Prosecutor General (PG) the authority to expedite investigations into corruption cases, including those involving individuals targeted by the government.
Under the first amendment to the ACC Investigative Procedures Regulations published in the Government Gazette, the Commission is now mandated to fast-track investigations directed by the PG. Furthermore, cases referred by the PG must be registered immediately, with the Commission required to respond to the PG within a maximum of seven days, or 14 days with the PG's approval.
The ACC also introduced two additional clauses to the regulation's objectives aimed at expediting all investigations. The first objective is to outline procedures that guarantee the right to a speedy investigation as provided under Article 50 of the Constitution. The second objective is to establish protocols for accelerating investigations without compromising the rights of suspects under the Criminal Procedure Act.
Additionally, the ACC has expanded the list of entities eligible to lodge complaints to include state institutions. Previously, the regulations limited the submission of cases to the general public, investigative agencies, and the PG through formal investigative directives.
While the amendments aim to speed up the process, the ACC has tightened the criteria for registering cases. Previously, only two conditions were required: the matter had to fall within the ACC’s jurisdiction and be submitted through an approved channel.
Under the new changes, a preliminary assessment must now determine whether there is reasonable suspicion that an offense has been committed or is being attempted. Furthermore, for complaints submitted via phone, in writing, or in person, all information required in the official complaint form must be complete, and it must be verified that the matter is not already an active case registered with the Commission.
The new regulation also defines the specific responsibilities and powers of the ACC Registrar. Previously, the responsibility for registering cases lay with the senior-most staff member in charge of registration at the time. This duty has now been formally assigned to the ACC Registrar, who is mandated to forward all registered cases to the Investigation Division.
The ACC has further revised the pre-investigative stage of its procedures. These changes include defining the factors to be considered during case assessments and establishing specific timeframes for concluding cases.
Internal policies required to implement these regulations must be formulated and enacted within one month. However, the amended regulations will officially come into effect two months from today.
