About the Book
The Global Corruption Report 2007 looks at how, why and where corruption mars judicial processes, and to reflect on remedies for corruption-tainted systems. The book focuses on judges and courts but situates them within the broader justice system - police, prosecutors, lawyers and agencies responsible for enforcing judicial decisions. It also looks at the social context of the judiciary and shows how societal expectations, the existence of non-state justice mechanisms and the strength of informal networks that circumvent the justice system, all have a bearing on judicial corruption. The book takes a close look at the two main judicial corruption problems: political interference and petty bribery by court personnel. The 37 country case studies and a series of concrete recommendations for judges, political powers, businesses, lawyers, prosecutors, academics, NGOs and donors are supplemented by 15 empirical studies of corruption in various sectors, including the justice sector.
Table of Contents:
Part I. Comparative Analysis of Judicial Corruption: 1. Introducing the problem Mary Noel Pepys, Transparency International; 2. Independence, political interference and corruption Susan Rose-Ackerman, Stefan Voigt, Roy A. Schotland, Tom Blass and Gugulethu Moyo; 3. Accountability and competence of judges Greg Mayne, Emilio Cárdenas, Héctor Chayer, Vincent Yang, Linda Ehrichs, Carlo Guarnieri, Zora Ledergerber, Gretta Fenner and Mark Pieth, 4. The broader justice system Edgardo Buscaglia, Nicholas Cowdery, Eva Joly, Jorge Fernández Menéndez, Fiona Darroch, Don Deya and Arnold Tsunga; 5. Courts, culture and corruption Marina Kurkchiyan Gherardo Colombo, Geoffrey Robertson, Katya Salazar, Jacqueline de Gramont, Celestine Nyamu-Musembi and Stephen Golub; 6. Lessons learned about fighting judicial corruption Linn Hammergren, Oluyemi Osinbajo, Keith Henderson, Fabrizio Sarrica and Oliver Stolpe; Part II. Country Reports on Judicial Corruption: 7. Country reports on judicial corruption Transparency International, Fayçal Métaoui, Rena Safaralieva, S. I. Laskar, Samantha Ford, Theary C. Seng, Davor Harasic, Roxana Salazar, José Pablo Ramos, TI Croatia, Michal ≤tika, Hossam Baghat, Tamuna Karosanidze, Camrin Christensen, Dominic Ayine, Mechthild Ruenger, Daniel Batidam, Carlos Melgar Peña, Transparency International India, Doron Navot, Transparency International Kenya, Miguel Carbonell, Transparency International Mongolia, Transparency Maroc, Krishna Prasad Bhandari, Djibo Abdoulaye, Jawaid A. Siddiqi, Palestine Coalition for Accountability and Integrity, Angélica Maytín Justiniani, Transparency Paraguay, Dolores Español, Transparency International Papua New Guinea, Victor Alistar, Judith February, Kishali Pinto Jayawardana, J.C. Weliamuna, Transparency International Turkey, Kyela Leakey, Davies Chikalanga, Goodwell Lungu and Ngoza Yezi; Part III. Corruption Research: 8. Introduction Robin Hodess; 9. When are judges likely to be corrupt? Stefan Voigt; 10. Bribes, punishment and judicial immunity Ernesto Dal Bó, Pedro Dal Bó and Rafael Di Tella; 11. Informality, legal institutions and social norms Åse Berit Grødeland; 12. Enforcement of anti-corruption laws: the need for performance monitoring Tiernan Mennen, Eric Fry and, Richard E. Messick; 13. The global corruption barometer 2006 Tom Lavers; 14. Measuring corruption - myths and realities Daniel Kaufmann, Aart Kraay and Massimo Mastruzzi; 15. Corruption perceptions index 2006 Johann Graf Lambsdorff; 16. Bribe payers index (BPI) 2006 Diane Mak; 17. International business attitudes to corruption John Bray; 18. Business corruption - speak out or take part? Tina Søreide; 19. Specific manifestations of corruption: comparing Brazil and Russia Leon Zurawicki; 20. Explaining patterns of corruption in the Russian regions Phyllis Dininio and Robert Orttung; 21. Quantifying public procurement losses in the Czech Republic David Ondrácka; 22. Identifying reticent respondents in Romanian corruption surveys Omar Azfar and Peter Murrell; 23. ANCORAGE-NET - sharing knowledge-based solutions to corruption control Luís de Sousa and João Triães; 24. Auditing, accountability and anticorruption - how relevant are autonomous audit agencies? Carlos Santiso.
About the Author :
Transparency International is the global civil society organisation leading the fight against corruption.
Review :
' ... essential reading for anyone concerned with development and governance. The human rights community in particular will benefit from this year's volume on judicial corruption.' Mary Robinson, Founder and president of Realizing Rights: The Ethical Globalization Initiative, former UN High Commissioner for Human Rights and former president of Ireland 'All corruption is destructive, but never more so than when judges are corrupt. Transparency International does a great service by shining a spotlight on judicial corruption and by providing the information and the analysis needed to address this critical issue.' Aryeh Neier, President, Open Society Institute 'Transparency International explodes a number of convenient myths about corruption in the judiciary and how it might be lessened. Independence and accountability are shown to be two sides of the same coin, the unproductive question as to the superiority of common or civil law systems is summarily dismissed, and the often tacit assumption that reformers should look westward for models comes under sharp scrutiny. Ultimately, as Susan Rose-Ackerman writes, no institutional design or legal reform is foolproof in face of the "fundamental paradox" that, no matter how independent the judiciary, corruption is always possible absent a judicial culture of honesty and integrity.' Stephen Humphreys, Research Director, International Council on Human Rights Policy ' ... shines a welcome spotlight on the problem, and is teeming with practical recommendations on how to combat it in all its manifestations.' Gareth Evans, President, International Crisis Group ('Foreign Minister of Australia 1988-96) 'I found the material to be well informed and presented in an academic, organized and interesting manner. It is refreshing to read discussions concerning the often emotionally charged topic of corruption presented with light rather than heat.' Charles A. Caruso, Director, Criminal Justice Reform, Ecuador, Latin American and Caribbean Law Initiative Council, American Bar Association 'A corrupt judiciary means the death of democracy of respect for the rule of law. This TI study explains why.' John Brademas, President Emeritus, New York University, former Member, U.S. House of Representatives member, U.S. and International Advisory Councils, Transparency International 'With its thorough analysis of the implications of judicial corruption, this year's Global Corruption Report allows readers to understand what scars graft leaves on our societies.' Michela Wrong , author of In the Footsteps of Mr Kurt 'Public conscience the world over welcomes Transparency International's timely and thematic inquisition on corruption in the judiciary. It is this menace that erodes the fabric of the proper administration of justice and which, as consequence, violates the right of individuals to a fair hearing by an independent, impartial, and competent judiciary.' Chaloka Beyani, London School of Economics 'This book deserves wide circulation, in both developed and developing countries. ' Journal of the Commonwealth Lawyers
