by Euritha Tjan A Way
PARAMARIBO — There appear to be no urgent sanctions against people who do not meet the legal obligation to submit their ‘Declaration of Income and Assets’ (VIV). This is evident from responses from both the police and the Public Prosecution Service to questions the True Time.
In mid-July the Anti-Corruption Commission (ACC) Called on those involved to register by August 16 at the latest. In February, Justice and Security Minister Harish Monorath even stated during a press conference that those who do not register risk imprisonment.
“The Anti-Corruption Commission is not the body that imposes or enforces criminal sanctions”
The deadline for registration, which was to expire on February 17, was then extended to August 16, because enthusiasm was apparently low. Now, more than a month after the new deadline has expired, the ACC is not prepared to say how many persons subject to registration have reported due to its confidentiality obligation.
Penalties
The police state that they are not aware of any criminal provisions that should result from non-compliance with the VIV. “I will have to ask further, but we are not aware of this,” a police officer said via the Public Relations department of the Suriname Police Force.
When asked by the Public Prosecution Service whether instructions have already been given on how to act if the mandatory statement is not registered, the answer was also vague. “We are in consultation with the Anti-Corruption Commission about this.”
The committee answers questions from the True Time However, the deadline does not apply to all public officials who are obliged to do so. “Submitting and registering a Declaration of Income and Assets is an ongoing process. The date of August 16 specifically related to the transition period for officials who already held a position that falls under the VIV obligation before the operationalization of the VIV obligation.”
Other officials have a period of three months – from the period in which they were hired, appointed or appointed to a position – to register. It is notable that the transition period already applied in February and has been extended until August, which implies a period of six months.
‘Crime’
Besides, the law stipulates that the public official who fails to comply with the obligation may be sentenced to a maximum of four years’ imprisonment and a fine of the third category. Failure to register when required to do so is characterized as a crime. “The ACC is not the body that imposes or enforces criminal sanctions,” the committee passes the ball to the prosecution. The committee thus appears to admit that, although more than a month after the deadline postponed by the Attorney General, the criminal sanctions included in Article 17 of the Anti-Corruption Act are not yet in force.
The ACC also calls on officials for whom the registration deadline has already passed to still register. The committee emphasizes that in the context of effective corruption prevention and international standards, it is strongly recommended that all public officials comply with their legal duties and strictly observe integrity measures.
The ‘Declaration on Income and Assets’ is intended to promote integrity and transparency within public administration. The registration should help prevent and detect conflicts of interest and illicit enrichment.
The first statement serves as a ‘baseline measurement’ with which subsequent changes in income and wealth can be compared. When the position ends, a new submission obligation applies.
The VIV can assist the Public Prosecution Service in investigations into possible financial crimes. The obligation applies to a broad group of public officials, including ministers, parliamentarians, judges, senior civil servants, executives of state-owned companies, diplomats and district commissioners.
