A/HRC/20/19 54. States should also ensure that mechanisms for prosecuting perpetrators of violence are gender sensitive, especially in cases involving sexual and/or gender-based violence, and that they are available, effective and sensitive to the specific needs of vulnerable groups. Prosecutors play an essential role in ensuring full equality with regard to access to justice and preventing the recurrence of violence, including by effectively sanctioning crimes against perpetrators. The Special Rapporteur emphasizes the importance of gender-sensitive handling of cases by prosecutors.30 When crimes are not effectively sanctioned, there is lack of recognition of equal rights of women and men, and even the institutionalization of inequality.31 C. Role of prosecutors in military courts 55. States must ensure that the conduct and functioning of prosecutors in military courts comply with international norms and standards. Prosecutors in military courts must act independently and impartially and uphold the rule of law in the same manner as those discharging their functions in civilian courts. 56. The Special Rapporteur wishes to reiterate, as stated in a number of instruments and reports on this issue, that resorting to military jurisdiction, including military prosecutors, should be exceptional and generally limited to offences committed within a military context, specifically military offences committed by military personnel. 32 This implies that when the offence committed amounts to a human rights violation or when the matter involves a civilian, the case must be referred to the civilian jurisdiction. 33 57. Concerns related to the independence and impartiality of prosecutors in military courts may also arise out of the very structure of the military prosecution service. In certain countries, the military prosecution office is subordinate to the Ministry of Defence, and may be physically located at military bases. 34 This can raise serious doubts about whether prosecutors in military settings are able to act with objectivity and impartiality. As illustrated in reports of the mandate, military courts, including prosecutors, may be under considerable pressure from the military hierarchy, which may lead to impunity for transgressors.35 This notwithstanding, as provided for in the United Nations Guidelines, States shall ensure that prosecutors are able to perform their professional functions without intimidation, hindrance, harassment, improper interference or unjustified exposure to civil, penal or other liability (para. 4). The Special Rapporteur also underlines that military prosecutors should undergo the same training as their civilian counterparts, including in human rights law. 30 31 32 33 34 35 12 See A/HRC/17/30 and A/66/289. A/HRC/17/30, paras. 32 and 33. For example, Basic principles on the independence of the judiciary, adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan, Italy, 26 August -6 September 1985, para. 5; updated Set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1), principle 29; African Union, African Commission on Human and People’s Rights, Principles and guidelines on the right to a fair trial and legal assistance in Africa, sect. L; also A/HRC/17/30/Add.3, paras. 42 and 89. E/CN.4/2005/102/Add.1, principle 29; also General Assembly res. 47/133 of 18 December 1992, Declaration on the Protection of all persons from enforced disappearance, art. 16; Inter-American Convention on Forced Disappearance of Persons, art. IX; and A/61/384, para. 26. Inter-American Commission of Human Rights, Third Report on the Human Rights Situation in Colombia, 26 February 1999, OEA/Ser L/V/II 102, chap. V, paras. 107-109. See A/61/384, para. 37; and A/62/207, para. 21 (e).