CAT/C/52/2
commitment to democratic principles, the rule of law, including transparency and
accountability, effective mechanisms for independent oversight, a free press and an
independent judiciary.
B.
Corruption defined
73.
Corruption can be broadly understood as the dishonest misuse or abuse of a position
of power to secure undue personal gain or advantage, or to secure undue gain or advantage
for a third party. The acts that it includes can be derived from the prohibitions included in
various international and national texts, including the United Nations Convention against
Corruption (2003), the African Union Convention on Preventing and Combating
Corruption (2003), the Inter-American Convention against Corruption (1999) and the
Criminal Law Convention on Corruption (1999) of the Council of Europe.10
74.
The United Nations Convention against Corruption, for instance, sets out a broad
range of corruption-related offences that require preventive and corrective measures.
Corruption can occur in both the public and private sectors, and includes such acts as
bribery, money-laundering, embezzlement, trading in influence, abuse of position, illicit
enrichment and obstruction of justice.
75.
The United Nations Office on Drugs and Crime distinguishes between “grand
corruption” and “petty corruption”. Grand corruption concerns senior (State) officials and
may involve large sums of money, assets or other benefits. Tackling grand corruption may
be dangerous and it may thus be difficult to eradicate without the involvement of
international organizations. Petty corruption, which the Subcommittee has frequently
encountered during its visits to places of detention, refers to people’s experiences in their
dealings with corrupt public officials when using public services, and generally involves
modest sums of money or other favours. Corruption is a complex phenomenon that is
encountered worldwide; it is present in both developed and developing countries and is
often subtle and difficult to identify. Whilst the relative economic development of a State
does not affect the risk of corruption existing in the State, it may affect the manner in which
corrupt groups and individuals operate and may make it more difficult to detect corruption
where it is present. Such corruption can only be eradicated if there is a clear and strong
political will to do so, supported by educational programmes for all stakeholders and for the
general public concerning corruption and human rights.
C.
Human rights, democracy and corruption: their broader relationship
76.
Linking anti-corruption and human rights frameworks in practice requires an
understanding of how the cycle of corruption facilitates, perpetuates and institutionalizes
human rights violations. It is widely recognized that corruption “undermines accountability
and transparency in the management of public affairs as well as socio-economic
development.”11 “Corruption threatens the rule of law, democracy and human rights,
10
11
16
See also the Convention drawn up on the basis of Article K.3 (2) (c) of the Treaty on European Union
on the fight against corruption involving officials of the European Communities or officials of
Member States of the European Union (1997), the Convention on Combating Bribery of Foreign
Public Officials in International Business Transactions (1997) of the Organization for Economic
Cooperation and Development and the Civil Law Convention on Corruption (1999) of the Council of
Europe.
African Union Convention on Preventing and Combating Corruption, preamble.
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