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Corruption to Facilitate Organized Crime

Organize Suçlarda Kolaylaştırıcı Faktör Olarak Yolsuzluk

Mustafa Can SATİ

This paper is going to analyse how corruption facilitates organized crime by referring different aspects. Accordingly, the structure of this article will be built on four main issue which are concept and definitions, approaches and methods, instance of corruption (phenomenon) and the policy that applied in different territories and laws in order to provide clear understanding. After the critical examination of the issue, the author will conclude with his own appraisal.

Corruption, Organized Crime, Transnational Organized Crime, Legal Corruption, Political Corruption, Vulnerability, Facilitation of Organized Crime.

1900’lü yılların ortalarından itibaren Amerika Birleşik Devletleri’nde ortaya çıkan organize suç örgütleri globalleşme akımının etkisiyle uluslararası bir boyut kazanarak farklı coğrafyalara yayıldı. Uyuşturucu ticareti, kaçakçılık gibi değişik suç alanlarında aktifleşen bu örgütlerin sisteminin kurulmasındaki en önemli rolü kuşkusuz yolsuzluk oynamaktaydı. Buna bağlı olarak organize suç örgütleri ve yolsuzluk arasında kurulan bu bağlara farklı coğrafya ve hukuk sistemlerinde farklı yaklaşımlar geliştirildi. Dahası bölgesel sınırları aşan bu faaliyetler uluslararası (transnational) hukuk alanında da birtakım önleyici çalışmaların doğmasına sebep oldu.

Yolsuzluk, Organize Suçlar, Uluslararası Organize Suçlar, Hukuki Yolsuzluk, Siyasal Yolsuzluk, Korunmasızlık (Zayıf Nokta), Organize Suçların Kolaylaştırılması.

1. Concept and Definitions

Corruption is a notion that exist since the beginning of organized human life with different ideologies, forms and concepts and definitions. It is true that the notion of corruption showed changes in different times and the term was not specifically “corruption” but the essence of the notion was the same. The one of the fundamental principles of history says that history should be evaluated within its own time conditions. Although, there is a difference between what sort of acts perceived as corruption in early modern era (1500-1800) and scope of corruption in modern era (1800-now), the core and objectives served by the concept are still same. Despite the fact that, the notion become more comprehensive and broader than old times and divided into different forms today, corruption has always been represented dishonest and unethical conducts of administrative power within its own time conditions.

The academic studies of corruption in the second half of 20’s century developed in the direction of democratization. The first wave of academic interest, in the 1950s and 1960s came at the heels of decolonization and at the height of modernization theory. The second (and current) wave, which began in the early to mid-1990s, was fuelled by frustration in many Third World countries, by the collapse of the Soviet Union and by increasing concern in the international development community regarding the harmful effects of corruption.1 Besides academic studies, technical researches and systematic monitoring on the issue of corruption has been launched all around the world in late 1990’s by Transparency International (TI) which is non-governmental organization. This organization compare corruption among countries and make quantitative estimates of comparative corruption. Every year from 90’s Transparency International prepare a report that evaluate countries corruption and gives them score from zero to ten that Show which country is most corrupted and which one is least corrupted.

On the other hand, corruption has many forms depending on various variables such as different cultures, nationalities and historical heritage. It is possible to observe that many forms of corruption can be common in many countries but the frequency of referral may be different. However, the most well-known types of corruption, frequently seen in the countries, sorted by United Nation Office: Bribery, embezzlement, extortion, abuse of discretion, favouritism, conduct creating or exploiting conflicting interests, improper political contributions, bid rigging, kickbacks, conflict of interest.2

From organized crime perspective Finkenauer determined the corruption as one of the eight dimensions and characteristics of beginning framework of organized crime and criminal organizations.3 Therefore, it is evident that organized crime adopts all forms of corruption because of the fact that corruption is a useful tool to facilitate infiltration of legitimate business; to neutralize or nullify government by avoiding investigation, arrest, prosecution, conviction for criminal organizations.

The history of the concept of corruption based on ancient times. Scholars like to illustrate it with the Arthashastra which is 2400 years old Indian text. In this text as an overview the advisor Kautilya offered conceptual framework to the emperor along with the policy measure that it should be taken in order to enhance economic development and fairness. In a part of this text he argued that bureaucratic organizations were necessary since nothing can be accomplished without hem but was very apprehensive about the potential for corruption and the difficulty of detecting such practices. He recognized that a good system of bookkeeping and auditing were necessary but not sufficient to guarantee ethical practices. In other words, an accounting method, no matter how sound, would not defeat 'aggressive and creative' accounting practices.4

On the other hand, according to MacMullen (Corruption and the Decline of Rome) corruption was one of the fundamental reasons for the collapse of Roman Empire.5 Because in the late Empire time, the fortune and land of the Empire was grown and imperial officials of the Empire become more powerful and omnipresent in their territory. These changing dynamics caused to officials to sell their favours for money and become more interested with their illicit profits instead of fighting.

It is possible to replicate samples but in the light of these examples, it is evident to say that corruption is not a new phenomenon. But in recent year’s attention to the concept of corruption increased. As a reason of that it would not be clear to say that weather there is more corruption than in the past. Yet, there are some factors that can be reason of this growth such as increased media power in the world, social awareness and endeavours of the non- governmental organizations, globalization and growing negative effects to the economies.

The concept of organized crime is a new phenomenon. First it appeared at the end of 19 century and become very serious issue in 60’s in United States. In Europe, there was no studies about organized crime until early 80’s. As the studies progresses in the field of organized crime it was noticed that corruption is very useful tool for organized crime and therefore it become adopted with its all forms by organized crime. Finally, the strong relations between organized crime and corruption become visible with the increasing effectiveness of organized crime.

The definition has always been huge problem when the notion has impact on international scene. Irrespective of whether there is consensus or internationally accepted a corruption definition or not, it is a fact that corruption is a complex issue and essential for organized crime.

The Wikipedia definition of corruption is “corruption is a form of dishonest or unethical conduct by a person entrusted with a position of authority, often to acquire personal benefit.” On the other hand, according to Daniel Kaufmann and Pedro C. Vicente the definition of corruption more focus on and covers bribery and other illegal forms of corruption. But there are also other forms where the definition is insufficient such as collusion agreement between parties or legal lobbying contributions by the private sector. For this reason, they “... challenge the conventional definition of corruption as the ‘abuse of public office for private gain’, making a distinction between legal and illegal forms of corruption, and paying more attention to corporate patterns of corruption (which also affect public corruption).”6 Therefore they extend the definition in order to reduce gaps and create a model that covers both legal and illegal definitions and include political equilibrium.

From another perspective Margaret E. Beare see organized crimes’ history as an example where there are lessons that it should be learned from its history while defining and fighting with corruption. For instance, vague character of the definition is one of the definition problem of organized crime and corruption also has the same problem. Another definition problem is that the integration of the concept or individuals or groups into the legitimate society. Because integration shows the activities as normal even if it is illicit. Therefore, together with this integration comes invisibility and in fact the highest integrated level can enable to the groups or individuals to control definition. On the other hand, according to him, in order to reduce or eliminate the consequences of the problem first of all there should be a clear understanding of the complexities of the notion and process.7

In the light of all these scholars’ contributions to defining corruption it is possible to say that, defining a notion it has always been hard if the notion become international problem. Because it requires consensus by the various cultures, countries and societies. The negative point of this diversity is that every nation has their own priorities, political approaches and cultural values. In fact, it is not even sure that all nations designate the corruption as problem. Moreover, corruption has evolvable characteristic in different societies depending on their cultures and their histories. That means a common definition cannot response all nations problems. Yet, as mentioned in the beginning despite all these differences and diversities the essence of the notion still same. Therefore, focusing on definable issues and creating international awareness in order to make the corruption visible in societies (ensure public pressure) would be the fundamental path that we all need to follow it. Because also according to Beare, there are concrete process and definable issues that could be studied and specifically addressed with policy and legislation.8