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In mid 1990's Dr. Fabian Alarc n,
the then interim president of Ecuador in response to popular demand,
exercised his presidential decree to establish the "Anti-Corruption
Commission" (ACC) to investigate all irregularities committed by
the previous government. He appointed seven respected citizens to
sit on the Commission, the terms of reference of which were to investigate
the alleged corrupt acts of the previous administration.
The new Constitution provides a framework
for the establishment of an institution called the "Commission for
the Civic Control of Corruption" (CCC), a specialized organization
for the prevention and fight against corruption. The ACC then worked
on the legislation necessary for the formation and operation of
CCC under the new Constitution, which eventually made the corruption
fighting body truly politically, administratively and economically
independent.
It is important to highlight the Commission's
independence since the Government is not supposed to control or
interfere with this entity, nor will it depend on any other control
organization. To guarantee this independence, commissioners are
elected by seven different Electoral Colleges representing different
national social organizations including worker's organizations,
indigenous organizations, businessmen, the press, professional unions,
human rights groups, universities and women's rights groups. The
seven elected CCC members served a term of four years and are entitled
for one re-election. These members elected among themselves the
President and Vice-president.
The Commission deals with the prevention, investigation, identification and isolation of corruption acts. Also, it works towards the dissemination of values and principles for the transparent management of public affairs. The Commission receives, handles and investigates reports of corruption committed by government agents, elected popular representatives, magistrates, officials, authorities, public officials, government employees and citizens involved in such accusations. If there is a prima facie case of violation, then the Commission presents the case to either the Public Ministry (Office of the Prosecutor), Offices of the Comptroller General, or the jurisdictional bureau which would deal with the case according to the law.
The Judiciary is obliged to handle the Commission's petitions. The Commission is equipped with powers to obtain information for the purpose of investigation from any organization or public official. Acts of non-compliance are sanctioned according to the law and officials may be discharged. Information providers are legally protected.
Allegations of corruption are common in the domains of judicial function, public contract, customs, energy production, provincial and regional governments.
Once an investigation is finished the Commission will publish a full report which is an indicator or a presumption of illegal acts with penal, civil or administrative responsibilities.
According to the law, these reports are sent to the appropriate authorities. For cases with administrative responsibilities they are sent to the Office of the Comptroller General and those with penal responsibilities are sent to the Public Ministry (Prosecutor's Office).
The Commission is the "Central Authority" in the implementation of the Inter-American Convention Against Corruption. It is responsible for analyzing the Ecuadorian legislation in relation to the Convention and developing the Convention's recommendations for Ecuador, aiming at more and better instruments for cultivating honesty in public administration.
The Commission is designated to represent
the Republic of Ecuador in the tracendental act of adoption of the
United Nations Convention against Corruption, instrument of worldwide
outpost that was quickly ratified by the Ecuadorian State.
The CCC is committed in this international
effort and offers all its cooperation. It expects the same from
counterparts of all friendly jurisdictions. For this reason those
who created this organism of control in Ecuador, are conscious of
the necessity to fortify it every day in all its resources in order
to fulfill better the hope of a country that wants to live and develop
with transparency, justice and solidarity.
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