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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