A/HRC/20/19
I. Introduction
1.
In its resolution 15/3, the Human Rights Council requested the Special Rapporteur
“to explore the need for, and where appropriate, elaborate on, additional individual and
institutional parameters to ensure and strengthen the objectivity and impartiality of
prosecutors and prosecution services and their ability to perform their functions accordingly
in protecting human rights and promoting the fair administration of justice” (para. 4).
2.
The previous mandate holder has already analysed the main factors that could affect
the institutional independence of the judiciary, as well as the elements that impact the
individual status of judges (A/HRC/11/41) and the safeguards aimed at ensuring the
independence of lawyers and the legal profession (A/64/181). However, the elements
affecting the independence and impartiality of prosecutors have only been referred to
tangentially in previous reports.1 The intention of the Special Rapporteur – following the
request of the Human Rights Council – is to fill this gap and highlight the safeguards
necessary to ensure an independent, autonomous, objective and impartial functioning of
prosecution services. The Special Rapporteur also examines the thin line between ensuring
that prosecutors are accountable in the discharge of their function and the imperative that
they operate independently and without fear, pressure, threats or favour. She also stresses
how – in upholding the rule of law and human rights – prosecutors must make, and be
perceived to make, decisions objectively, independently and impartially.
3.
In order to gather information from a wide range of legal systems on various issues
related to prosecutors and prosecution services, a questionnaire was sent in January 2012 to
all Member States as well as to other stakeholders. Thirty-one replies were received. The
Special Rapporteur thanks Member States and other stakeholders for their substantive
answers to the questionnaire.
II. Activities in 2011
4.
The activities of the Special Rapporteur are carried out in accordance with Human
Rights Council resolution 17/2.
A.
Country visits and communication with Member States
5.
The Special Rapporteur carried out official visits to Bulgaria from 9 to 16 May 2011
(A/HRC/20/19/Add.2), Romania from 17 to 24 May 2011 (A/HRC/20/19/Add.1), and
Turkey from 10 to 14 October 2011 (A/HRC/20/19/Add.3), at the invitation of the
respective Governments.
6.
The Special Rapporteur sent requests for an official visit to the Governments of
Argentina, China, India, Malaysia, the Maldives, Nepal, the Russian Federation, Togo, the
United States of America and Venezuela (Bolivarian Republic of). The Special Rapporteur
thanks the Governments of Georgia, Guinea-Bissau, the Maldives, Pakistan and the Russian
Federation for inviting her to undertake an official visit.
7.
From 16 March 2011 to 15 March 2012, the Special Rapporteur sent a total of 100
communications alleging violations of human rights in the context of her mandate to 69
Member States and 2 other actors. Of the communications sent, 67 were urgent appeals and
1
See A/HRC/8/4, para. 41; A/HRC/4/25, para. 24; A/HRC/11/41, para. 104.
3
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