Posted February. 24, 2003 22:39,
The prosecution made an official announcement yesterday that it would not oppose appointment of an independent counsel. It is the first acceptance of the independent counsel system by the prosecution.
The Attorney General`s Office also announced that it would relegate the special investigative authority now retained by the Central Investigation Division at the Supreme Public Prosecutors` Office to High Offices. The division was first founded in April of 1981 and has commanded the sole jurisdiction over all cases involving bribery, politicians and malfeasance.
The new measures are included in the report prepared by the Supreme Public Prosecutors` Office, summarizing the conclusions reached by "ordinary" prosecutors in their meetings that took place at 59 DA`s offices nationwide. The report is to be submitted to the Justice Ministry.
After consultation with the ministry, the General Attorney`s Office plans to implement those new measures that do not require revision of the law. The remaining portion of the report will be taken into effect after changing the law.
In the report, the prosecution makes it clear that "for some time to come, we will not oppose appointment of the independent counsel to handle major political scandals. We consider it will increase the political neutrality of the prosecution. The Justice Minister, however, should be given the privilege to request for appointment of a counsel."
The prosecution also intends to request that the Justice Minster order in written statement the Attorney General as to investigation of a particular case. That way, prosecutors believe, it will become clear who should be held accountable later.
The Attorney General`s Office will shut down the Central Investigation Division 2 and 3. But it will maintain the division 1 as long as it just gives guidelines. Thus, prosecution of political scandals and internal affairs will be relegated to High Public Prosecutors` Offices. The report also suggests that the status of the Personnel Committee of the Prosecution be elevated from that of an advisory board to that of a screening board. In addition, according to the suggestion, the committee is to increase the number of the non-prosecutor members from the current 2 to 4, and give membership to chief prosecutors and "ordinary" prosecutors.
The report also suggests that promotion of prosecutors be reviewed by the committee. Furthermore, it is suggested that the Justice Minister consult with Attorney General in making promotion.
The prosecution has decided to revise its internal regulations in such a way as to appoint prosecutors who will solely deal with various warrants.
The prosecution is also reviewing ways to get citizens involved in prosecution. Under the plan, ordinary citizens can participate in prosecution of the major political scandals.
The report also proposes that a board be set up, which is to include two ordinary citizens and review whether a prosecutor`s decision not to indict is proper and just.
If there is a conflict of opinion between a prosecutor and a chief prosecutor in investigation of a case, the conflict is to be resolved through a committee to be established to guarantee prosecutors the right to appeal from his superior`s decision.