A/HRC/20/19 VIII. Capacity-building 88. Capacity-building was the focus of the Special Rapporteur’s first thematic report to the Human Rights Council in 2010 (A/HRC/14/26). In particular, she underlined the need for ongoing legal education and training to enable judges, prosecutions and lawyers to apply international human rights norms, standards and principles when considering domestic cases. 89. Training is essential in order to maintain a competent and skilled prosecution service with the confidence and capability to operate autonomously with the support and confidence of the public. According to the United Nations Guidelines, States shall ensure that prosecutors have appropriate education and training and are made aware of the constitutional and statutory protections for the rights of the suspect and the victim, and of human rights and fundamental freedoms recognized by national and international law (para. 2 (b)). In addition to training prior to or on appointment as a prosecutor, ongoing training is of paramount importance. Indeed, awareness of and sensitivity to human rights norms, standards, principles, rules and jurisprudence strengthens democracy, the rule of law and good governance. The right to appropriate training and education is also emphasized in several regional guidelines and principles. 52 Council of Europe Recommendation Rec (2000) 19 emphasizes the dual role of training as a duty and a right, that is essential to attaining the highest level of performance in the administration of justice (para. 7). 90. The Special Rapporteur further notes the development of new forms of criminality and the need for appropriate responses from prosecutorial authorities. 53 In this vein specialization constitutes an important aspect of the training of prosecutors, who should also be provided with the adequate human and technical resources to properly investigate crimes, when they have the mandate to do so. The Special Rapporteur also notes with some concern that in some countries the training activities of prosecutors are at their own expense. 91. The Special Rapporteur is of the opinion that, in addition to the necessary specific and separate training for prosecutors, joint training for judges, prosecutors and lawyers on themes of common interest could enhance mutual understanding and cooperation. 92. The Special Rapporteur commends the work of the International Association of Prosecutors (IAP), in particular the publication of the Human Rights Manual for Prosecutors (2003) and the Human Rights Training Package (2010), designed for use in training prosecutors in the practical application of international human rights standards in their professional work. IX. Conclusions 93. Prosecutors are the essential agents of the administration of justice, and as such should respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system. 54 Prosecutors also play a key role in protecting society from a culture of impunity and function as gatekeepers to the judiciary. 52 53 54 18 For example, African Union, Principles and guidelines on the right to a fair trial and legal assistance in Africa, sect. F (a) (i); Council of Europe, Recommendation Rec (2000) 19), para. 7. A/HRC/17/30/Add.3, para 58. United Nations Guidelines, paras. 3 and 12.

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