RESISTING CORRUPTION ALONG DRUG TRAFFICKING ROUTES - An analysis of criminal justice bodies in Latin America and West Africa
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RESISTING CORRUPTION ALONG DRUG TRAFFICKING ROUTES An analysis of criminal justice bodies in Latin America and West Africa
Transparency International is a global movement with one vision: a world in which government, business, civil society and the daily lives of people are free of corruption. With more than 100 chapters worldwide and an international secretariat in Berlin, we are leading the fight against corruption to turn this vision into reality. Resisting corruption along drug trafficking routes An analysis of criminal justice bodies in Latin America and West Africa Authors: Andy McDevitt, Jessie Bullock Reviewers: Ádám Földes, Anne Liedloff, Kaunain Rahman Cover: Bogdan Vija / shutterstock.com Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of March 2021. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts. ISBN: 978-3-96076-177-8 2021 Transparency International. Except where otherwise noted, this work is licensed under CC BY-ND 4.0 DE. Quotation permitted. Please contact Transparency International – copyright@transparency.org – regarding derivatives requests. This document has been produced with the financial assistance of the European Union. The contents of this document are the sole responsibility of Transparency International and can under no circumstances be regarded as reflecting the position of the European Union.
TABLE OF CONTENTS
Executive summary 2 Key findings 14
Key findings 2 Socio-political context 14
Recommendations 3 Legal frameworks 16
Introduction 7 Assessment of criminal justice institutions 18
Assessment of investigation bodies 19
Drug trafficking, organised crime and
7
corruption
Assessment of prosecution bodies 23
Drug trafficking routes: Latin America and Assessment of adjudication bodies 27
7
West Africa
Fighting organised crime along drug trafficking
10
routes
Recommendations 32
The CRIMJUST project 10
Methodology 12
Endnotes 35TRANSPARENCY INTERNATIONAL
EXECUTIVE
SUMMARY
Drug trafficking threatens good governance and fuels corruption,
creating a vicious cycle where criminal justice institutions falter
and the drug trade grows. Ordinary people become caught up in
violence, extortion and drug addiction. Money laundering from
drugs reduces economic growth and reinforces income inequality.
Cocaine is one of the most lucrative and damaging drug KEY FINDINGS
trades. It stretches from producer countries like Bolivia,
Colombia and Peru through the entire Latin American The nine countries all vary in both their legislation
region. In recent years, Europe has become the world’s for organised crime and drug trafficking and the
fastest-growing market for cocaine. Most cocaine socio-political contexts in which their criminal justice
reaches Europe through the Caribbean and, since the institutions operate. Consequently, it is not possible
mid-2000’s,1 West Africa, where drug cartels have taken to make any direct cross-country comparisons
advantage of institutional weaknesses, corruption and between the different investigation, prosecution and
unguarded coastlines to establish new trafficking routes. adjudication bodies. Nevertheless, an analysis of the
data across all nine countries reveals some general
As part of a multi-partner initiative led by the United trends and suggests common areas for intervention:
Nations Office on Drugs and Crime (UNODC) known
as the CRIMJUST project, Transparency International + Formal internal accountability mechanisms were
has developed the Justice and Law Enforcement the strongest dimension across all three criminal
Accountability Dashboard (JustLEAD). JustLEAD aims justice areas (investigation, prosecution and
to identify and address integrity, accountability and adjudication) in almost all countries (Colombia,
transparency gaps in the criminal justice institutions Ghana, Guatemala, Honduras, Nigeria, Panama,
fighting organised crime and drug trafficking in Peru and Venezuela). Nevertheless, while there
countries along the cocaine route, namely Colombia, are generally strong rules of professional and
the Dominican Republic, Guatemala, Honduras, ethical conduct and moderately strong internal
Panama, Peru and Venezuela in Latin America, as well control measures in place, regular training and
as Ghana and Nigeria in West Africa. Transparency capacity building on ethics is consistently lacking.
International chapters in each country selected
three criminal justice bodies – each charged with the + Financial and human resource capacity was
investigation, prosecution or adjudication of organised strong for investigation and prosecution bodies
crime cases – for in-depth assessments. The focus across all countries. Limited capacity was one of
was the effectiveness of each institution in addressing the most pressing weaknesses of adjudication
the risks of infiltration by organised crime, namely: bodies, however. While most investigation and
internal and external oversight; protection for victims prosecution bodies receive adequate training and
and witnesses; transparency; channels for civil society technical assistance for organised crime and drug
participation; financial and human resource capacities; trafficking, capacity gaps exist (in the Dominican
and independence and integrity safeguards. Republic, Ghana, Nigeria and Venezuela, and
Ghana, Honduras and Venezuela, respectively).
This report presents the main trends emerging from the
national assessments and provides recommendations + External accountability mechanisms were strong
on priorities for reform. or moderately strong in all three criminal justice
2RESISTING CORRUPTION ALONG DRUG TRAFFICKING ROUTES
areas in most countries (Colombia, Dominican Capacity building
Republic, Ghana, Guatemala, Honduras and Nigeria).
+ Ensure that criminal justice institutions have
+ The independence/autonomy and integrity of adequate financial and human resources to
criminal justice bodies was limited in all countries, effectively carry out their mandates.
particularly in adjudication bodies, which in some
cases are seriously compromised by undue external + Provide personnel with capacity building on the
influence (Panama, Peru and Venezuela). ethics codes and internal control systems at
least once a year. Attendance at trainings and
+ Limited opportunity for civil society to participate adherence to the ethics code should be criteria
in and oversee the criminal justice process was a for promotion and advancement.
common weakness, especially in investigation and
adjudication bodies. Existing collaborations between Good practices
criminal justice institutions and communities, civil
society organisations and civilian oversight initiatives + Ensure that nominations, appointments,
are often sporadic and inconsistent. Engagement promotions and removals – especially to senior
with the media often lacks consistency and a formal positions – are based on transparent, objective
protocol. and meritocratic criteria and subject to clearly
defined processes to help limit internal and
+ Transparency was higher in prosecution and external interference.
adjudication bodies than investigation bodies,
although there are still important gaps in all three + Publish annual asset declarations for judges and
areas. Generally speaking, investigation bodies prosecutors and develop internal policies for the
publish limited information on the numbers and declaration and verification of assets.
types of criminal cases they pursue, although
financial information (e.g. budget, spending and + Regularly publish data on the results of internal
audit information) tends to be slightly more disciplinary processes, including the number
comprehensive. and types of complaints received and sanctions
imposed to enable external stakeholders to hold
+ Inadequate protections for witnesses and victims criminal justice institutions accountable for the
of organised crime, as well as inadequate threat ways in which they deal with misconduct.
management systems for law enforcement officials,
was one of the most critical gaps across the majority + Regularly publish data on the number and
of countries for investigation and prosecution types of criminal cases pursued, including the
institutions (Dominican Republic, Ghana, Guatemala, investigation’s start date, end date and result. All
Honduras, Nigeria, Panama, Peru and Venezuela). information should be published in open data
formats.
+ Process internal matters (nominations,
RECOMMENDATIONS appointments, promotions, removals and
disciplinary actions) and caseloads in a timely
Taking into account distinct national contexts, our manner.
analysis of the criminal justice institutions in the nine
countries suggests that all investigation, prosecution and The following recommendations addressing integrity,
adjudication bodies charged with organised crime and accountability and transparency gaps are relevant
drug trafficking should at a minimum: to the criminal justice institutions in most assessed
countries:
Support and trainings
Internal oversight
+ Provide specialised training and technical support to
investigators and prosecutors who work on complex + Ensure that regularly updated and gender-
organised crime cases. sensitive complaint channels are in place and
3TRANSPARENCY INTERNATIONAL
disseminated to public officials and civil society + The Superior Council of the Judiciary (Consejo
members. Superior de la Judicatura) should conduct training
and raise awareness among court officials about
+ Ensure that the internal disciplinary mechanism the Law on Transparency and the right to access
has a sufficient budget to support its functions. public information.
Protections + The Superior Council of the Judiciary (Consejo
Superior de la Judicatura) should provide the
+ Build robust and adequately funded witness- National Judicial Disciplinary Commission and
and victim-protection and threat-management Disciplinary Commission with adequate technical
systems, which also protect personnel and family and financial resources.
members, where relevant.
+ The government should pass a single law for the
+ Implement comprehensive whistleblower protection of whistleblowers and witnesses of
protection mechanisms, which guarantee corruption, and all institutions should strengthen
anonymity, protection from reprisals and their respective legal and institutional mechanisms.
immunity from disciplinary action. The absence of
national-level whistleblower protection legislation Dominican Republic
should not impede institutions from adopting such
mechanisms. + The National Directorate of Drug Control (Dirección
Nacional de Control de Drogas, DNCD) and the
Civil society participation Public Prosecutor’s Office (Procuraduría General
de la República, PGR) should raise awareness and
+ Implement formal policies and maintain financial build capacity on human rights and dealing with
resources to support engagement with civil society victims of organised crime.
organisations and the media, including civilian
oversight and monitoring initiatives and legal + The National Directorate of Drug Control
engagement with civil society organisations acting (Dirección Nacional de Control de Drogas, DNCD)
as plaintiff. and Public Prosecutor’s Office (Procuraduría
General de la República, PGR) should establish and
The following recommendations were also identified implement guidelines to ensure that admissions
for specific countries: and promotions are professional, time-limited, and
based on transparent evaluations.
Colombia
Ghana
+ A new investigation and prosecution mechanism
should replace the current extraordinary judicial + The Narcotics Unit of the Ghana Police Service
mechanism for high-ranking public officials2 in should ensure full operationalisation of the
order to reduce impunity. recently developed case management and tracking
system to enhance transparency during the
+ The National Police (Policía Nacional) should investigation, prosecution and adjudication of a
build capacity in access to public information, case.
citizen services, anti-corruption, offences against
public administration and human rights; make + The government should establish an Independent
public their staff-selection processes; and review Police Complaints Commission, which Ghana
the schemes for transferring personnel and accepted at the UN Human Rights Council in
monitoring police functions. November 2017.
+ The Office of the Attorney General (Fiscalía + The Ministry of Justice and Attorney General
General de la Nación) should strengthen its should update the Ghana Code for Prosecutors,
communication guidelines to protect the integrity which has not been updated since 2010, and
of criminal proceedings while ensuring the right to integrate it into the standard operating procedures
information. of the Prosecution Division.
4RESISTING CORRUPTION ALONG DRUG TRAFFICKING ROUTES
+ The Right to Information Commission, in + The National Drug Law Enforcement Agency
collaboration with the Ministry of Information (NDLEA) should improve the welfare and
and the National Commission for Civic Education, promotion policy of its officers.
should scale up its public education efforts on the
Right to Information Act, 2019 (Act 989). + The Nigerian government should enact
whistleblower protection legislation.
+ All three institutions should establish online
complaint platforms. + The Nigeria Police Force (NPF) should make public
its financial report.
Guatemala
Panama
+ The National Police (Policía Nacional Civil)
and Prosecutor’s Office against Organised + The Judicial Investigation Department (Dirección
Crime (Fiscalía contra el Crimen Organizado) Nacional de Investigación Judicial) should review
should establish protocols for the protection of its disciplinary mechanism and bring it in line with
whistleblowers, victims, witnesses and personnel, human rights protection standards, particularly
and implement capacity-building programmes. in relation to due process for the defence of the
person under disciplinary investigation.
+ The Public Ministry (Ministerio Público) should
establish protocols for the selection of personnel + An external body should be created by law to
in the Prosecutor’s Offices against Organised control, supervise and investigate misconduct by
Crime, Extortion, Drug Trafficking and Corruption high-ranking officials of the public security forces.
(Fiscalías de Crimen Organizado, Extorsiones, This body should have the power to investigate
Narcotráfico y Corrupción). misconduct and decline to refer it to the Public
Prosecutor’s Office (Procuraduría General de la
+ The Guatemalan judicial system should be Nación), if the allegations indicate a crime under
reformed in order to ensure judicial and criminal law or special laws.
prosecutorial independence.
+ The judicial career system should be fully
Honduras implemented, so that interim judges and
magistrates cease to exist. In order to guarantee
+ The judicial system should develop and implement judicial independence and gain pubic trust, a
access-to-information standards, and promote short-term timetable should be established for the
greater participation and oversight of citizens and selection of judges, especially those serving in the
civil society organisations in order to replace the adversarial criminal justice system.
need for assistance from international cooperation
agencies. + The Public Prosecutor’s Office (Procuraduría
General de la Nación) should adopt a code of
+ The judicial system should establish ethics based on the Uniform Code of Public Ethics,
comprehensive and sustainable policies to fight especially for personnel tasked with investigating
organised crime and corruption, which will not be organised crime.
influenced by changes in government.
Peru
Nigeria
+ All criminal justice institutions should update
+ The criminal justice institutions should adhere to their virtual platforms to include the following:
the provisions of the Freedom of Information Act information on investigations with a major impact
2011. on society and on judicial decisions in accordance
with Legislative Decree No. 1342; statistical data on
+ The Nigeria Police Force (NPF) should increase organised crime investigations; and information
publicity for the Police Complaint Response Unit on offenses committed by police officers and
(CRU) complaint channels. prosecutors and their respective penalties. In
5TRANSPARENCY INTERNATIONAL
addition, police officers, prosecutors and judges’
curricula vitae and information on the institutions’
accounting and financial audits should be
published.
+ Information campaigns on organised crime should
be developed in communities’ mother tongues,
and with a focus on drug and human trafficking.
+ The implementation process of the national
control authorities at the Judiciary and the
Prosecutor Office, which were created in 2019,
should be strengthened in order to reinforce and
enhance autonomy of internal control.
Venezuela
+ The Scientific and Criminal Investigation Body
(Cuerpo de Investigación Científica, Penal y
Criminalística, CICPC) should build capacity for
the protection of whistleblowers, victims and
witnesses.
+ The appointment of the Director of the Scientific
and Criminal Investigation Body (Cuerpo de
Investigación Científica, Penal y Criminalística,
CICPC) should be subject to a public and
competitive process and based on objective and
meritocratic criteria in order to eliminate external
and internal political influences.
+ The independence of the Public Ministry
(Ministerio Público) and the Criminal Cassation
Chamber of the Supreme Tribunal of Justice (Sala
de Casación Penal Tribunal Supremo de Justicia)
should be re-established.
+ All criminal justice institutions should establish
clear protocols for the protection of public officials
involved in the investigation, prosecution or
adjudication of organised crime cases.
6RESISTING CORRUPTION ALONG DRUG TRAFFICKING ROUTES
INTRODUCTION
DRUG TRAFFICKING, ORGANISED CRIME AND Drug trafficking also hurts the economy. Money
CORRUPTION laundering, including from illicit drug activities,
can reduce economic growth rates,17 “particularly
According to Europol, over one third of the in smaller and less developed countries”.18 This
international organised crime groups active in the money “has the potential to inflate property prices,
European Union were involved in drug trafficking in distort export figures, create unfair competition, and
2017,3 making it “more widespread than organised reinforce skewed income and wealth distributions
property crime, smuggling of migrants, trafficking in and increase corruption”.19 An extreme example is a
human beings, excise fraud or any other illicit activity”.4 narcoeconomy,20 with direct costs such as decreasing
foreign investment due to non-functional justice
Drug trafficking threatens governance and the rule of systems and reputational concerns, and the closing
law and fuels corruption in a vicious cycle.5 According down of correspondent banks due to high money
to the UNODC, “the wealth and power of some drug laundering risks.21 Indirect or social costs may include
trafficking organisations can exceed that of local increased income inequalities, which in turn may
governments, allowing them to buy protection from lead to more drug trafficking, as criminal activities
law enforcement agents, criminal justice institutions, may present a source of income for marginalised
politicians and the business sector”.6 As a result, population groups.22
weak rule of law is both a consequence7 and an
“underlying factor that feeds this cycle”.8 Organised DRUG TRAFFICKING ROUTES: LATIN AMERICA
criminal groups may attempt to influence the judicial AND WEST AFRICA
system by seeking to corrupt the police to protect
their illegal activities from planned operations,9 or The cocaine trade is one of the most lucrative and
influencing judges and prosecutors “ to undermine damaging forms of drug trafficking. It has evolved
police investigations, influence witnesses, reduce significantly in recent years, expanding from Bolivia,
sentences or provide special prison treatment”.10 The Colombia and Peru to the entire Latin American region
vulnerability11 of criminal justice institutions may be with Brazil, Central America, Mexico and Venezuela as
influenced by different legal, social, cultural, economic central corridors for trafficking. At the same time, the
and political factors.12 Issues include failure to appoint primary destination for cocaine has also changed, with
officials based on merit, poor working conditions, Europe becoming the world’s fastest growing market.23
a lack of accountability mechanisms and a lack of Cocaine has become Europe’s most commonly used
transparency with the media and civil society.13 Where illicit stimulant drug, with about four million adults
weak institutions and drug trafficking come together, estimated to have used it in 2018.24 According to
ordinary people suffer from violence, extortion and UNODC estimates from 2009, about one third of
drug addiction. Organised crime undermines criminal the proceeds of cocaine sales at the global level are
justice institutions with bribery, extortion and threats, laundered abroad.25
which result in failed investigations and prosecutions.14
The resulting impunity creates opportunities for new From the South American producer countries, cocaine
crime and corruption. The public also loses trust in shipments reach Europe via various routes and
political and criminal justice institutions.15 Fragile methods.26 There are two main transit areas: the
states come under additional pressure and can face an Caribbean (principally the Dominican Republic and
increased risk of electoral violence.16 Jamaica), from where cocaine is transported via sea
7TRANSPARENCY INTERNATIONAL
Mexico
DOMINICAN REPUBLIC Cape
Belize
HONDURAS
GUATEMALA Nicaragua
El Salvador
VENEZUELA
Costa Rica
PANAMA
COLOMBIA
Guyana
Suriname
Ecuador
or air routes; and the West African mainland and
neighbouring islands with shipments to Europe by
sea, air and land.27 The region’s growing role in the
global cocaine market is shown by record cocaine PERU Brazil
seizures in recent years in transit to West Africa or
inside the region itself.28 Latin American cartels
Bolivia
have taken advantage of the institutional weakness,
high corruption levels and unguarded coastlines in
many African countries to establish this route for Chile Paraguay
trafficking.29 “The growth in drug trafficking comes as
the region is emerging from years of political conflict
and, in some countries, prolonged violence. This
instability has left a legacy of fragile state institutions Argentina
Uruguay
and weak criminal justice systems that are vulnerable
to infiltration and corruption by organised crime”.30
Drawn from the Map of the Global Illicit Flows
Programme of the European Union.31
8RESISTING CORRUPTION ALONG DRUG TRAFFICKING ROUTES
Belarus
Ukraine
Moldova Kazakhstan
Bosnia & Serbia
Herzegovina
Montenegro UNMIK
North Georgia Uzbekistan Kyrgystan
Macedonia
Albania Armenia Azerbaijan
Turkey Turkmenistan
Tajikistan
Afghanistan
Morocco Iran
Pakistan
Verde Mauritania
Mali Niger
Senegal Chad
The Gambia
Burkina Faso
Guinea
Guinea Benin
Bissau
Sierra Togo
Leone Cote
d’Ivoire Central African Ethiopia
Republic
Cameroon
GHANA NIGERIA Uganda
Kenya
Gabon
DRC
Tanzania
Seychelles
Zambia
Mozambique
Mauritius
Namibia
Madagascar
South
Africa
9TRANSPARENCY INTERNATIONAL
FIGHTING ORGANISED CRIME ALONG DRUG are examples of regional anti-corruption mechanisms
TRAFFICKING ROUTES in the Americas. In Africa, the ECOWAS Protocol of
the Fight against Corruption “was adopted with the
At the global level, there are a number of international objective of strengthening effective mechanisms to
legal instruments in place to combat drug trafficking prevent, suppress and eradicate corruption in each
and organised crime, including the United Nations of the State Parties through cooperation”40 and
Convention against Transnational Organised Crime the African Union Convention on Preventing and
(UNTOC), United Nations Convention against Combating Corruption provides “a shared roadmap for
Corruption (UNCAC) and the United Nations member states to implement governance and anti-
Convention against the Illicit Traffic in Narcotic Drugs corruption policies and systems”.41
and Psychotropic Substances. These complement each
other and provide the legal foundation to investigate, THE CRIMJUST PROJECT
prosecute and adjudicate organised crime and
corruption cases.32 In particular, the United Nations The CRIMJUST project is a key cross-regional initiative
Convention against Illicit Traffic in Narcotic Drugs and funded by the European Union and implemented
Psychotropic Substances “provides comprehensive by UNODC in partnership with INTERPOL and
measures against drug trafficking, including provisions Transparency International. CRIMJUST is aimed at
against money laundering”.33 Furthermore, it allows strengthening criminal investigation and criminal
for “international cooperation through, for example, justice cooperation as well as institutional integrity
extradition of drug traffickers, controlled deliveries and and accountability along drug trafficking routes in
transfer of proceedings”.34 Latin America, the Caribbean and West Africa. The
project also assists member states towards the
These international legal instruments are supported by further development of the Global Goals of the 2030
various regional initiatives to combat drug trafficking, United Nations Agenda with special focus on Goal
organised crime and corruption. In the Americas 16: “Promote peaceful and inclusive societies for
region, for example, the Organisation of American sustainable development, provide access to justice
States (OAS) has developed the Hemispheric Plan for all and build effective, accountable and inclusive
of Action on Drugs (2021-2025), which identifies five institutions at all levels”.42
strategic areas, and sets objectives and priority actions
for each of the 34 member states, namely: institutional
strengthening; measures of prevention, treatment and
recovery support; measures to control and counter THE ROLE OF CIVIL SOCIETY IN THE
the illicit cultivation, production, trafficking and FIGHT AGAINST ORGANISED CRIME
distribution of drugs, and to address their causes and
consequences; research, information, monitoring and Combatting drug trafficking and organised
evaluation; and international cooperation.35 In West crime requires resilient and properly resourced
Africa, meanwhile, UNODC developed the Regional criminal justice institutions that the public can
Programme for West Africa (2016-2020)36 to support trust. Civil society organisations (CSOs) can
the Regional Action Plan in line with the Political play a crucial role in constructively pressuring
Declaration on the Prevention of Drug Abuse, Illicit governments and institutions to be more
Drug Trafficking and Organised Crime in West Africa – transparent and accountable.43 At the same
the Abuja Declaration, which had been adopted by the time, “governments are increasingly sensitive to
Economic Community of West African States (ECOWAS) allegations of involvement or complicity in drug
in 2008.37 The Regional Programme for West Africa trafficking”.44 Civil society can be a watchdog that
(2016-2020) addressed issues such as strengthening monitors institutions for potential infiltration
criminal justice systems; preventing and countering by organised crime and an advocate for policy
transnational organised crime and illicit trafficking; and reforms.45 In recognition of the importance of
preventing and countering corruption.38 such cooperation in addressing transnational
organised crime, the CRIMJUST project includes a
The Inter-American Convention against Corruption strong focus on multi-stakeholder and civil society
“which recognises the international reach of corruption partnerships for capacity-building and South-
and the need to promote and facilitate cooperation South cooperation.
between states in order to fight against it”39 and
MESICIC, its follow-up mechanism for implementation,
10RESISTING CORRUPTION ALONG DRUG TRAFFICKING ROUTES
Building on the CRIMJUST project, Transparency + To formulate specific and measurable
International has developed the Justice and Law recommendations for the institutions;
Enforcement Accountability Dashboard (JustLEAD)
to identify and address integrity, accountability and + To advocate for reforms in criminal justice
transparency gaps in criminal justice institutions institutions, on a regional and international scale;
fighting organised crime along drug trafficking routes.46
JustLEAD was developed through an in-depth review + To monitor progress and improvements made
of international instruments47 in consultation with over time, which incentivises reform.
experts and practitioners from Latin America, the
Caribbean and West Africa, and from UNODC. The Recognising that criminal justice institutions do not
approach has been implemented by Transparency operate in a vacuum, Transparency International
International chapters in Colombia, the Dominican chapters first analysed the legal, social and political
Republic, Guatemala, Honduras, Panama, Peru and contexts of their respective countries to identify
Venezuela in Latin America, as well as in Ghana underlying causes of institutional weaknesses. Based
and Nigeria in West Africa, to achieve the following on this analysis, three institutions were selected in each
objectives: country for an in-depth assessment: one institution
that focuses on investigation, one that focuses on
+ To identify the specific problems that criminal prosecution and one institution that focuses on
justice institutions must address, by assessing the adjudication of organised crime cases of drugs
their integrity, accountability and transparency trafficking (see Table 1).48
mechanisms against international standards;
Table 1: Principle investigation, prosecution and adjudication bodies assessed in each country
COUNTRY INVESTIGATION PROSECUTION ADJUDICATION
COLOMBIA Dirección de Antinarcóticos - Dirección de Narcotráfico - Consejo Superior de la Judicatura
Policía Nacional Fiscalía General de la Nación
GHANA Narcotics Unit - Ghana Police Ministry of Justice & Attorney- Criminal Division of the High
Service General Court
DOMINICAN Dirección Nacional de Control de Procuraduría General de la – 48
REPUBLIC Drogas (DNCD) República (PGR)
Subdirección General de Análisis e Fiscalía contra el Crimen Juzgados y Tribunales de Mayor
GUATEMALA Información Antinarcótica, Policía Organizado - Ministerio Público Riesgo, Organismo Judicial
Nacional Civil
HONDURAS Agencia Técnica de Investigación Fiscalía Especial contra el Crimen Juzgado de Letras Penal con
Criminal Organizado Jurisdicción Nacional
NIGERIA Nigeria Police Force (NPF) National Drug Law Enforcement Federal High Court
Agency (NDLEA)
PANAMA Dirección Nacional de Procuraduría General de la Órgano Judicial
Investigación Judicial Nación
PERU Policía Nacional - Dirección Ministerio Público - Fiscalías Poder Judicial - Sala Penal
Nacional de Investigación Criminal contra la Criminalidad Organizada Nacional
VENEZUELA Cuerpo de Investigación Científica, Ministerio Público Sala de Casación Penal Tribunal
Penal y Criminalística (CICPC) Supremo de Justicia
11TRANSPARENCY INTERNATIONAL
METHODOLOGY Civil society participation: The channels through
which an institution engages with the public and civil
Each of the criminal justice institutions was assessed society to improve internal decision-making processes
using indicators in seven key dimensions (see Table and develop or improve security or crime-fighting
2, below)49 to evaluate the mechanisms in place to policies, including via external civilian oversight
promote integrity, accountability and transparency, as and engagement with the media. The indicators
well as their implementation.50 The seven dimensions assess whether the institution actively engages with
were: the public and civil society; and has sound policies
for engagement with the media that disseminate
Internal oversight: Policies, procedures and important information to the public but at the same
safeguards to self-regulate and prevent personnel from time safeguard the integrity, independence and
abusing their powers, rights and privileges. The internal impartiality of criminal investigations, prosecutions and
oversight indicators include the existence of clear rules adjudications.
of conduct and ethics; an effective internal complaints
and disciplinary process to address misconduct; and Capacity: The financial, technical and human
a system of checks on internal functions, such as resources for criminal justice institutions to carry out
prosecutorial discretion. their respective mandates to investigate, prosecute
and adjudicate organised crime cases. The indicators
Protections: Processes and mechanisms to examine whether the necessary resources are in
provide essential protections for victims, witnesses, place and examine the levels of specialised training
whistleblowers and public officials, as well as their and technical support provided to public officials with
families, involved in the investigation, prosecution or investigative and prosecutorial responsibilities.
adjudication of an organised crime case.
Independence and integrity: The mechanisms to
External supervision: Mechanisms that enable an protect an institution’s integrity and carry out its
outside independent entity, such as an anticorruption mandate free from undue external influence. The
agency, ombudsman, independent commission, indicators assess whether the institution has selection,
legislative committee or civil society organisation, to appointment and recruitment processes that are
effectively investigate allegations of misconduct by an based on merit and are transparent, especially
institution’s personnel and recommend disciplinary for the head of the institution and the head of the
sanctions or refer cases for criminal prosecution. specialised units. This dimension also includes whether
The external oversight indicators examine the performance-evaluation and promotion processes
accessibility of external complaint channels, and the promote independence and adherence to ethical rules;
powers, responsiveness and independence of the whether the institution has unencumbered access to
external oversight body. They also assess whether and management discretion over its budget; whether
the institution’s senior personnel are required to removal processes of public officials have been
submit asset declarations and whether those asset misused to undermine the investigation, prosecution
declarations are effectively reviewed. For each or adjudication of organised crime; whether the
selected institution, the national chapters identified for institution’s personnel have fallen victim to interference
evaluation at least one public body with the authority by organised crime groups; and whether the principle
to investigate allegations of corruption and/or to of limited immunity is implemented to prevent undue
ensure that appropriate action is taken if violations are external influence while also allowing public officials to
found. be held accountable for wrongdoing, including criminal
acts.
Transparency: The availability and accessibility of
information on the performance and internal functions The indicators guided Transparency International
of an institution. The indicators examine pro-active chapters by providing a scoring question with three
transparency, meaning the information that the possible answers: “Yes/Green”, “Partial/Yellow” and
institution publishes or makes readily accessible, “No/Red”. The assessment of each institution was
its quality and whether it is systematically collected carried out through the collection of data from primary
and updated. The indicators also assess whether the and secondary sources: interviews with key actors such
institution meets basic requirements of transparency in as public officials in the selected institutions, contacts
responding to requests for information. in external oversight bodies, civil society organisations,
12RESISTING CORRUPTION ALONG DRUG TRAFFICKING ROUTES
journalists and donor organisations working on the This report does not intend to offer a comprehensive
criminal justice sector; official documents; and media picture of the institutional strength of law enforcement
articles. Transparency International chapters also and justice institutions charged with fighting organised
conducted field tests of requests for information and crime in the respective countries, but a qualitative
site visits to the institutions. The analyses of relevant approach that builds on the best efforts made by
areas of law in each country were based on the Transparency International chapters to collect detailed
UNCAC and UNTOC Conventions to which all assessed information and to identify gaps in the integrity,
countries are States Parties. The socio-political context accountability and transparency mechanisms of these
was analysed through a set of guiding questions and institutions.
key indicators. The assessments and collection of data
cover the years 2017 and 2018. The findings for each All nine countries vary in terms of both legislation in
country, once externally validated, were presented place to tackle organised crime and drug trafficking
via the JustLEAD online dashboard.51 These findings and the socio-political contexts in which their criminal
form the basis of the analysis in the remainder of this justice institutions operate. The report reveals
report. some general trends but does not make any direct
cross-country comparisons between the different
investigation, prosecution and adjudication bodies.
Table 2: Dimensions and indicators
INTERNAL PROTECTIONS EXTERNAL TRANSPARENCY CIVIL SOCIETY CAPACITY INDEPENDENCE
OVERSIGHT SUPERVISION PARTICIPATION AND INTEGRITY
Power of Publication of Financial Checks on internal
Ethics rules Whistleblower external information on Engagement with and human investigative
protections oversight body/ cases civil society resources functions
ies
Organised
Witness Independence Publication of Support of civilian crime Professional
Ethics training and victim of external information on oversight of training appointment/
protection oversight body/ internal oversight institution and selection/
ies technical recruitment
support52
Resources
Responsiveness Publication and Performance
Checks Protection of external of financial Policy toward support evaluations and
oversight body/ information media for internal promotions
ies disciplinary
mechanism
Internal Asset Responsiveness
disciplinary declarations to requests for
mechanism information
Internal Transparency
responsiveness of jurisdictional
to complaints functions53
13TRANSPARENCY INTERNATIONAL
KEY
FINDINGS
SOCIO-POLITICAL CONTEXT + Colombia, the Dominican Republic and Peru
scored lower than the top two countries, but the
The JustLEAD assessments find differences between majority of their ranks vis-à-vis other countries
the countries’ criminal justice institutions’ vulnerability were in the third quintile (40th percentile) or
to corruption. There is still significant variation higher.
between the measures these countries have taken to
fight organised crime. In social and political context, + Guatemala, Honduras, Nigeria and Venezuela:
the assessed countries diverge across broad measures These four countries score in the bottom two
of impunity, corruption, rule of law, accountability, quintiles in most of the analysed governance
media freedom and political rights, which directly affect metrics. In particular, Venezuela stands out as
their ability to fight organised crime and build strong performing significantly worse than its peers, with
crime-fighting institutions. Table 3, below, presents the scores in the bottom quintile in all of the seven
results of several leading governance metrics.54 indices.
+ Ghana performs best with scores in the top and
second quintile in three of the seven indices,
followed by Panama scoring in the second quintile
in two of the seven indices.
14RESISTING CORRUPTION ALONG DRUG TRAFFICKING ROUTES
Table 3: Percentile ranks of assessed countries on key governance metrics
INDEX NAME COL REP. GHA55 GUA HON NIG56 PAN PER VEN
(YEAR) DOM
Global
Impunity Index 12 32 28 17 23 7 9
(2017)57
Corruption
Perceptions 47 24 56 19 19 19 44 44 4
Index (2019)58
Worldwide
Governance
Indicators 55 54 66 35 31 35 67 57 10
(WGI): Voice &
Accountability
(2019)59
Worldwide
Governance
Indicators 38 42 55 14 15 19 51 33 0
(WGI): Rule of
Law (2019)60
Worldwide
Governance
Indicators 48 25 52 19 23 13 30 37 4
(WGI): Control
of Corruption
(2019)61
World Press
Freedom Index 28 69 85 36 19 33 56 53 18
(2019)62
Freedom in the 55 57 71 43 37 40 73 61 16
World (2019)63
The percentile rank indicates the relative position of each country relative to all countries in the respective index. 0 corresponds to the
lowest rank and 100 corresponds to the highest rank. In the table below, each index has been re-scaled to provide the percentile rank for
each country. Percentile ranks are colour coded according to five groups, which represent the top 20%, second 20%, third 20%, fourth
20% and bottom 20% respectively for each index.
KEY
Top quintile Second quintile Third quintile Fourth quintile Bottom quintile
(80-99) (60-79) (40-59) (20-39) (0-19)
15TRANSPARENCY INTERNATIONAL
There are a couple of troubling trends across all + Ghana and Peru had the strongest legislation
assessed countries. All scored poorly on the Global to combat organised crime and drug trafficking.
Impunity Index, with four countries falling in the Both countries have implemented laws in all 12
bottom quintile (Colombia, Honduras, Peru and assessed areas.
Venezuela) and on the Worldwide Governance
Indicator’s Rule of Law index, with four countries also + The Dominican Republic, Guatemala and Nigeria
falling in the bottom quintile (Guatemala, Honduras, lack a whistleblower protection law and legal
Nigeria and Venezuela). The Global Impunity Index provisions to protect witnesses and victims.
measures the level of impunity based on an analysis
of the security sector, the justice sector and respect + Colombia and Honduras have not enacted
for human rights, and serves as a useful proxy for the legislation in two different areas to tackle
effectiveness of the criminal justice institutions in the organised crime and drug trafficking: a
respective countries. The Rule of Law index is another whistleblower law and any type of criminal, civil
indicator for the functioning of justice institutions. It or administrative liability of legal persons for
measures the confidence of citizens and the private participation in serious crimes involving organised
sector in the rule of law in their countries, as well as crime.
the protection of property rights, the quality of contract
enforcement, the justice sector and the prospect of + Panama and Venezuela were only deficient in one
crime. of the 12 areas of law. They fell short on enacting a
law to protect whistleblowers.
By contrast, the assessed countries perform better
on Reporters Without Borders’ World Press Freedom Perhaps the most widespread and urgent gap across
Index and Freedom House’s Freedom in the World almost all of the assessed countries is the lack of
index, which measure the level of media freedom legislation to protect informants, witnesses and
and the level of political rights and civil liberties, victims of corruption and other illegal activities. This
respectively. The Dominican Republic and Ghana includes the absence of comprehensive whistleblower
ranked above the 60th percentile globally in the first protection legislation in all countries except Ghana and
metric, and Ghana, Panama and Peru ranked above Peru, and the absence of procedures for the protection
the 60th percentile globally in the second metric. Only of witnesses and victims in the Dominican Republic,
Honduras and Venezuela scored in the bottom 20th Guatemala and Nigeria. Another notable failing is the
percentile globally on the first index. This suggests absence of criminal, civil or administrative liability
that the space for supporting and strengthening the of legal persons for participation in serious crimes
criminal justice sector through civil society and other involving organised crime (Colombia and Honduras).
non-state actors is relatively larger in the assessed
countries than in some of their formal institutional
channels.
LEGAL FRAMEWORKS
Given the differences in socio-political context in the
assessed countries, this section analyses the existing
legislation within 12 areas of law to combat organised
crime and illicit drug trafficking.
+ The legislation among the assessed countries
shows a satisfactory level of implementation, albeit
with some notable gaps (see Table 4, below).
16RESISTING CORRUPTION ALONG DRUG TRAFFICKING ROUTES
Table 4: Areas of law to tackle organised crime and drug trafficking
IN THIS COUNTRY IS THERE … COL REP. GHA GUA HON NIG PAN PER VEN
DOM
Criminalisation of participation in YES YES YES YES YES YES YES YES YES
criminal groups?64
Criminalisation of the laundering of YES YES YES YES YES YES YES YES YES
proceeds of crime?65
Adoption of laws combatting money YES YES YES YES YES YES YES YES YES
laundering?66
Adoption of laws criminalising
corruption (bribery) and taking YES YES YES YES YES YES YES YES YES
measures against corruption?67
Criminalisation of the obstruction of YES YES YES YES YES YES YES YES YES
justice?68
Enactment of specialised criminal
laws targeting trafficking in persons,
smuggling of migrants, trafficking in YES YES YES YES YES YES YES YES YES
firearms or other types of organised
crimes?69
Establishment of the criminal, civil
or administrative liability of legal NO YES YES YES NO YES YES YES YES
persons for participation on serious
crimes involving organised crime?70
Adoption of legal and procedural
mechanisms to allow law
enforcement agencies to identify, YES YES YES YES YES YES YES YES YES
trace, freeze, or seize assets and
confiscate the proceeds of crime?71
Enactment of a law enabling law
enforcement to overcome bank
secrecy laws to obtain evidence such YES YES YES YES YES YES YES YES YES
as bank, commercial and financial
records?72
Enactment of a law protecting NO NO YES NO NO NO NO YES NO
whistleblowers?73
Enactment of laws and procedures
for the protection of witnesses and YES NO YES NO YES NO YES YES YES
victims?74
Adoption of extradition and mutual YES YES YES YES YES YES YES YES YES
legal assistance treaties?75
17TRANSPARENCY INTERNATIONAL
ASSESSMENT OF
CRIMINAL JUSTICE
INSTITUTIONS
As noted above, there is variation in both the socio- in most countries (Colombia, Dominican Republic,
political contexts in which criminal justice institutions Ghana, Guatemala, Honduras and Nigeria).
operate and the legislation in place to tackle organised
crime and drug trafficking. Direct cross-country + The independence/autonomy and integrity of
comparisons should be taken with a grain of salt criminal justice bodies was limited in all countries,
because each country faces slightly different challenges. particularly in adjudication bodies, which in some
This section presents the assessments of the three cases are seriously compromised by undue
types of criminal justice institutions in the nine external influence (Panama, Peru and Venezuela).
countries: investigation, prosecution and adjudication
bodies. Despite cross-country differences, an analysis of + Limited opportunity for civil society to participate
the data across all nine countries reveals some general in and oversee the criminal justice process was
trends and common areas for intervention: a common weakness, especially in investigation
and adjudication bodies. Existing collaborations
+ Formal internal accountability mechanisms were between criminal justice institutions and
the strongest dimension across all three criminal communities, civil society organisations and
justice areas (investigation, prosecution and civilian oversight initiatives are often sporadic and
adjudication) in almost all countries (Colombia, inconsistent. Engagement with the media often
Ghana, Guatemala, Honduras, Nigeria, Panama, lacks consistency and a formal protocol.
Peru and Venezuela). Nevertheless, while there are
generally strong rules of professional and ethical + Transparency was higher in prosecution and
conduct and moderately strong internal control adjudication bodies than investigation bodies,
measures in place, regular training and capacity although there are still important gaps in all three
building on ethics is consistently lacking. areas. Generally speaking, investigation bodies
publish limited information on the numbers and
+ Financial and human resource capacity was strong types of criminal cases they pursue, although
for investigation and prosecution bodies across financial information (e.g. budget, spending and
all countries. Limited capacity was one of the audit information) tends to be slightly more
most pressing weaknesses of adjudication bodies, comprehensive.
however. While most investigation and prosecution
bodies receive adequate training and technical + Inadequate protections for witnesses and victims
assistance for organised crime and drug trafficking, of organised crime, as well as inadequate threat
capacity gaps exist (in the Dominican Republic, management systems for law enforcement
Ghana, Nigeria and Venezuela, and Ghana, officials, was one of the most critical gaps across
Honduras and Venezuela, respectively). the majority of countries for investigation and
prosecution institutions (Dominican Republic,
+ External accountability mechanisms were strong or Ghana, Guatemala, Honduras, Nigeria, Panama,
moderately strong in all three criminal justice areas Peru and Venezuela).
18RESISTING CORRUPTION ALONG DRUG TRAFFICKING ROUTES
ASSESSMENT OF INVESTIGATION BODIES Even countries that scored relatively higher on this
dimension still had challenges with overseeing
The first type of criminal justice institutions analysed employee performance. In Colombia, the National
were those that investigate organised crime at the Police’s Anti-Narcotics Directorate (Dirección de
national level: departments of justice, scientific Antinárcoticos - Policía Nacional) focuses monitoring
investigation bodies or investigative police forces. on the operational activities of police officers. This has
The selected investigative body in each country generated strong distortions in officer incentives, since
was scored on all seven dimensions: 1) internal it forces the police to focus on quantitative results
oversight, 2) protections, 3) external supervision, 4) rather than on the quality of policing.
transparency, 5) civil society participation, 6) capacity
and 7) independence and integrity. Performance on the There was no clear internal disciplinary process to
dimensions is described below, from strongest average prevent and sanction misconduct in the Panamanian
dimension to weakest.76 Judicial Investigation Department (Dirección Nacional
de Investigación Judicial), whereas most investigation
Internal oversight bodies tend to have well-functioning internal
disciplinary mechanisms (Colombia, Ghana, Guatemala,
Internal oversight of investigative bodies was the Honduras and Nigeria). For example, in Ghana,
highest-ranking dimension across the assessed officers of the Narcotics Unit are subject to an internal
countries. The ethical codes and rules of all disciplinary process that includes being brought before
investigative institutions meet most internationally the Police Intelligence and Professional Standards
recognised standards, with the institutions in Ghana, Bureau (PIPS). Although PIPS faces resource constraints
Nigeria and Peru in line with the UN Code of Conduct and delays in investigating and resolving cases in a
for Law Enforcement Officials and INTERPOL’s Global timely manner, officers who are unhappy with the
Standards to Combat Corruption in Police. decision of PIPS can escalate the case to the courts for
adjudication. Nevertheless, problems were identified
However, there tends to be limited training for and in some countries concerning the responsiveness of
implementation of these codes of conduct. For internal disciplinary mechanisms (Dominican Republic,
example, there was no significant ethics training Honduras, Nigeria and Peru). In Peru, for example,
found in the Panamanian Judicial Investigation approximately half of the complaints against police
Department (Dirección Nacional de Investigación personnel remain pending a year after they are filed.
Judicial), the Peruvian National Police (Policía Nacional Venezuela’s Scientific and Criminal Investigation
- Dirección Nacional de Investigación Criminal), and Body (Cuerpo de Investigación Científica, Penal y
the Venezuelan Scientific and Criminal Investigation Criminalística, CICPC) is the only investigative body that
Body (Cuerpo de Investigación Científica, Penal y was unresponsive to complaints of misconduct.
Criminalística, CICPC).
DIMENSION COL REP. GHA GUA HON NIG PAN77 PER VEN
DOM
Internal
oversight
19TRANSPARENCY INTERNATIONAL
Capacity National Police (Policía Nacional - Dirección Nacional
de Investigación Criminal) had increased since 2014,
With the exception of Guatemala, Nigeria and enabling better remuneration of police officers;
Venezuela, investigation bodies generally have modernisation of equipment and technical resources;
significant financial and human resources, although and continuous training and technical assistance to
these are not always sufficient to effectively investigate personnel investigating organised crime.
organised crime. One particular strength across
the investigation bodies is the level of training Honduras has built out a criminal investigation manual
and technical support provided to personnel. For to train staff more consistently on all investigations and
example, in Panama, officials from the Judicial provides constant training on more specialised criminal
Investigation Department (Dirección Nacional de investigation techniques. In Colombia and Guatemala,
Investigación Judicial) receive on-going training investigators also receive adequate specialised
on judicial investigation and adequate technology training and technical support. In both high-scoring
to support efficient case management thanks to countries (Colombia and Honduras) and Guatemala,
technical assistance from the Public Ministry and the institutions’ internal disciplinary mechanism were
international organisations. In Peru, the budget of the found to have the resources and support to effectively
carry out internal investigations.
DIMENSION COL REP. GHA GUA HON NIG PAN78 PER VEN79
DOM
Capacity
Independence and integrity to executive influence. Indeed, the current Director
General was appointed directly by President Nicolás
Overall, the countries measured worse on undue Maduro himself. In Panama, the Judicial Investigation
influence and integrity. In Guatemala and Honduras, Department (Dirección Nacional de Investigación
both investigative bodies had clear protocols for Judicial) does not publish vacancies and recruitment is
professional appointment, selection and recruitment; at the discretion of the Director of Police, who makes
and both countries met all or some of the standards recommendations to the Minister of Security.
for best practices in performance evaluation and
promotion of employees. However, in Guatemala, the Similar institutional weaknesses are evident in Ghana,
appointment of the Minister of Interior is under the where the appointment and vetting process for the
authority of the President of the Republic, and in 2017 head of the Narcotics Unit is not public. Meanwhile,
the former Minister of Interior was accused of criminal the appointment of the Inspector General of Police
association and conspiracy to commit drug trafficking. (IGP) is not made through a competitive process but
instead is carried out by the president in consultation
Elsewhere, there are more opportunities for undue with the Council of State in a political process
interference and weak procedures for recruitment, that continues despite calls by civil society for the
evaluations and promotions that damage institutional appointment of the IGP and other officers on the
integrity. In Colombia, for example, a superior officer basis of merit. Senior police officials in Peru are not
can transfer any subordinate officer at his or her recruited through an open competitive process and
discretion, including to high-risk areas or posts, while police academies lack an effective recruitment system
the executive branch controls the promotions of police to prevent possible infiltration by organised crime. In
officials. In Panama and Venezuela, the investigative Nigeria, the promotion of police officers is not totally
institutions are susceptible to external influence and by merit, including officers attached to politicians
lack clear protocols for the recruitment, selection and as orderlies and aides. In the Dominican Republic,
appointment of officials. For example, in Venezuela, the legal framework also lacks a formalised system
the Director General of the Scientific and Criminal of evaluations and promotions, which leaves the
Investigation Body (Cuerpo de Investigación Científica, institution vulnerable to undue internal and external
Penal y Criminalística, CICPC) is directly nominated by pressures.
the Interior Ministry, making him or her susceptible
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