Council of Europe “mourns” ‘lack of improvement’ amid corruption in National Police and Civilian Guard

The Council of Europe is suspending Spain for lack of progress in the fight against corruption in the central state administration and, in particular, in the national police and civil guard. This is set out in the latest assessment report by GRECO – the Group of States against Corruption – which is independent of the EU, which unites 47 countries. GRECO sent 19 tasks to Spain three years ago and, according to its review, “Spain has not fulfilled satisfactorily and has not received any of the 19 recommendations satisfactorily: seven have been partially implemented and 12 have not been implemented.”

Regarding the senior positions of public institutions, the report agrees that “there are promising indicators in the IV Open Government Plan (2020-2024), namely in terms of transparency, integrity and accountability in the sector. However, it is important to ensure that due regard is paid to the specific risks of those with senior executive positions, including political advisers. ”

In this respect, the Conflict of Interest Office (OCI) is recognized as a positive step forward, but “the powers and resources of the OCI, as well as the powers and resources of the Transparency and Good Governance Board, deserve more attention to be enforced. , But also in practice. Lobby regulation is still on hold. Also, review the system of criminal liability of members of the government, the so-called. aforamiento.

In this regard, GRECO has recommended changing the special “approval” procedure so as not to impede criminal proceedings against members of the government suspected of corruption-related offenses. The report states that “the government has ordered an inquiry into the criminal liability of members of the government (aforamiento) to limit its scope” and “calls on the authorities to facilitate effective action”.

“The state of law enforcement authorities is frustrated,” said GRECO, which “emphasizes that the scope of the compliance procedure is to assess compliance with the recommendations and not to reassess the situation already described at that time.” Evaluation. The government, for the most part, repeated the rules that were already in effect in 2019 when they received the fifth round evaluation report on Spain.

In this regard, it is noted that “the Civil Guard has made progress in its ethical infrastructure, which, however, has not yet been effectively implemented, and in the development of more detailed regulation of career-related processes, in particular. “Evaluation systems, appointment procedures and performance incentives.”

GRECO also acknowledges some of the “valuable achievements set by both the police and the Civil Guard in promoting gender equality”.

He said: “GRECO especially condemns the lack of any other concrete and factual improvements by the police: this is a missed opportunity to establish a comprehensive, active and effective ethics infrastructure within the force. In conclusion, GRECO hopes that the security forces will take tangible, immediate and comprehensive measures to implement the recommendations as a matter of urgency and promptness.

“The level of compliance with GRECO recommendations on law enforcement is disappointing,” the report said. Review grievance procedures or develop more specific regulations on conflict of interest risks in the service and after leaving force. There has also been no progress in reassessing the entry fee for descendants of the Civil Guard. GRECO expects law enforcement to take tangible, immediate and comprehensive steps to implement the recommendations as a matter of urgency and promptness. ”

In this regard, GRECO notes that “there is no committed and active (and not just reactive) anti-corruption strategy in either the police or the Civil Guard. This requires decisive action. ”

GRECO has recommended that the Civil Guard adopt a code of conduct and that the National Police Corps and the Civil Guard supplement their respective codes of conflict of interest, gifts, use of public resources, confidential information, ancillary activities, and neutrality policies. ., As well as “a reliable and effective mechanism for its oversight and enforcement.” And the conclusion is that GRECO “recognizes the progress made by the Civil Guard in developing a code of conduct before its adoption. As for the police, nothing has been done. ”

GRECO also recommended “conducting a full review of ongoing whistleblower proceedings with the police and civilian guards, with the main aim of strengthening the whistleblowers’ true identity and focusing more on the content of the information provided. . But the report states: “GRECO condemns the lack of concrete development, even of a practical nature, to better protect whistleblowers in the state police force. “This is a sensitive area where decisive action is most important in preventing and detecting corruption.”