A/HRC/20/19
103. Prosecutors should cooperate with the legal profession and public defenders
and ensure that the rights to a fair trial and to adequate access to legal defence are
safeguarded. States should ensure respect for the principle of equality of arms
between prosecutors and lawyers, which requires, inter alia, procedural equality
between the prosecution and the defence.
104. Prosecutors should promote and consider alternative measures other than
formal trial when dealing with juveniles. The possibility of resorting to alternative
procedures should also apply in all cases where an alternative would be in the interest
of justice or the public.
105. 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.
Role of prosecutors in military courts
106. States must ensure that the conduct and functioning of prosecutors in military
courts comply with international norms and standards.
107. When the offence committed amounts to a human rights violations or when the
matter involves a civilian, the case must be referred to a civilian jurisdiction.
Safeguards for prosecutors
108. Admission to the prosecutorial career should be based on objective criteria,
through a public competitive selection process.
109. The appointment and selection of the Prosecutor General should be carried out
in such a way as to gain public confidence and the respect of the judiciary and the
legal profession.
110. Security of tenure of prosecutors should be ensured as an important element
for strengthening their independence and impartiality.
111. The transfer of prosecutors to other posts should not be used as a threat nor be
based exclusively on exigencies of service. The views, aspirations and specialization of
the prosecutor and his/her family situation should be considered when deciding to
transfer a prosecutor.
112. Promotion of prosecutors should be decided on the basis of a fair and impartial
decision-making procedure, preferably through a competitive selection process.
113. The dismissal of prosecutors should be subject to strict criteria that do not
undermine the independent and impartial performance of their functions.
114. Prosecutors should have the right to challenge – including in court – all
decisions concerning their career, including those resulting from disciplinary actions.
115. Remuneration of prosecutors should be adequate and in line with the
importance of the tasks they perform.
116. Case-specific instructions to prosecutors from external organs should be
avoided. However, in extraordinary cases, when such instructions are deemed
necessary, they should be in writing and formally recorded and carefully
circumscribed to avoid undue interference or pressure. Prosecutors should have the
right to challenge the instructions received, especially when they are deemed unlawful
or contrary to professional standards or ethics.
20
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