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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