Anti-Corruption Commission

Haute Autorité de Prévention et de Lutte contre la Corruption et les Infractions Assimilées

HAPLUCIA

67/100

Summary

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The High Authority for the Prevention of and Fight against Corruption and Related Offences (Haute Autorité de prévention et de lutte contre la corruption et les infractions assimilées, HAPLUCIA) is an independent administrative institution with administrative and financial autonomy, charged with promoting and strengthening the prevention of and fight against corruption in administrations, public establishments, private companies and non-State bodies (Art. 1).

Its tasks include implementing training and compliance actions, evaluating anti-corruption instruments and administrative measures, keeping up to date the list of companies convicted of corruption offences in public procurement, answering requests for opinions from any administration or State agent, cooperating with the judicial authorities, and publishing an annual activity report (Art. 2).

It may collect information on acts of corruption and related offences and transmit it, with discernment, to the competent judicial authorities, keeping the identity of whistleblowers confidential on request; it transmits substantiated complaints to the public prosecutor, and it may be summoned by the public prosecution or intervene to make written or oral observations (Art. 3).

It has seven members: four designated by the President of the Republic and one each by the President of the National Assembly, the President of the Court of Accounts and the President of the Senate, at least three of them from outside the administration, all appointed by decree in the Council of Ministers for three years, renewable once (Art. 4). The President of the Authority is appointed by the President of the Republic (Art. 11).

A member's functions can end before term only on death, resignation, conflict of interests, impediment, criminal conviction or serious misconduct in the exercise of the functions, by decision of the Council of Ministers on a reasoned opinion of the President of the Supreme Court (Art. 7). Members take an oath before the Supreme Court (Art. 6), and the Authority's internal rules are submitted to the Supreme Court for approval (Art. 15).

Its budget consists mainly of public funds in the form of an allocation entered each year in the State budget, and it may also receive grants, donations and bequests that do not compromise its independence and integrity (Art. 17).

Independence Scorecard

Independence Score: 67/100 (good)
67/100
Limited
Methodology v0.1
AppointmentMixed (multi-branch)
Term length3 years
Removal standardFor cause only
Budget independenceLegislative line item
Subpoena powerYes
Compel testimonyYes
Records accessFull access
Public reports requiredYes
Pre-publication reviewNone — reports published directly

Statute

Name
Loi n° 2015-006 du 28 juillet 2015 portant création de la HAPLUCIA (Law 2015-006 creating the High Authority for the Prevention of and Fight against Corruption)
Citation
Loi n° 2015-006 du 28 juillet 2015 (Togo)
Full text
Full text of law →

Jurisdiction scope

Prevention of and fight against corruption and related offences in administrations, public establishments, private companies and non-State bodies (Art. 1); training and compliance actions in the public administration, public establishments and any legally constituted legal person (Art. 2); collection of information on acts of corruption and related offences, to be transmitted to the competent judicial authorities (Art. 3).

Secondary Sources