Victims of corruption

The mantra “corruption is not a victimless crime” is frequently used by anti-corruption NGOs, government officials and even judges. 

Yet, victims of corruption are rarely represented in court proceedings, rarely consulted about corruption investigations and rarely compensated. In practice, enforcement action against corruption is effectively a victim-free zone.

Civil rights NGO Repubblika has called for the creation of a system through which people and businesses that have incurred direct damage caused by corruption, most of which is a serious breach of human rights, could seek compensation. This is not a far-fetched idea. Indeed, it is something that should have been in place in our country ages ago.

Protesters carry flags at an anti-corruption protest. Photo: Chris Sant Fournier

This latest call adds a new dimension to the fight against corruption and spurs the debate over a topic that has not been systematically studied. It intends to justify the choice of civil law remedies as a credible and effective option for dealing with corruption, especially when criminal law avenues are not available and well-adapted to the circumstances of a given case.

The drafters of the United Nations Convention Against Corruption, adopted in 2003, were not blind to the tremendous damage corruption does to identifiable persons or groups of persons. That is why they included a specific provision making it absolutely clear that all parties must grant victims of corruption an opportunity to seek compensation for any injuries sustained. 

In no uncertain terms, article 35 requires state parties to open their courts to any individual or entity injured “as a result of an act of corruption”.

Malta signed the convention on May 12, 2005, and ratified it on April 11, 2008. However, it has yet to take article 35 seriously. To date, not a single person injured by corruption has been compensated for any loss or other related damages.

While the government does not seem keen on compensating victims of corruption, finding innovative ways to give voice to victims of corruption is crucial to ensuring that the full harm of corruption is recognised. 

This includes giving recognition to victims of corruption and encouraging prosecutors to commit to identifying the full harm caused by an act of corruption and the potential victims harmed. But this will only happen if NGOs keep on chipping away at the issue and continually putting it on the agenda each time a case comes to court.

Mark Said – Msida