A/HRC/20/19 United Nations General Assembly Distr.: General 7 June 2012 Original: English Human Rights Council Twentieth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul * Summary Following a brief outline of the activities carried out by the Special Rapporteur on the independence of judges and lawyers in 2011, the report highlights the existing international and regional standards relating to prosecutors and prosecution services. Thereafter, the Special Rapporteur analyses the role and responsibilities of prosecutors and the wide diversity of systems that exist within prosecution services globally. She examines the relationship between prosecutors and other actors who operate within the criminal justice system, such as the police, the judiciary, lawyers as well as other individuals entering into contact with the justice system. The report then focuses on a number of safeguards for prosecutors, as well as various elements that may have an impact on their independence and impartiality. The report also analyses the issue of prosecutors’ accountability. In particular, the Special Rapporteur examines the thin line between ensuring that prosecutors are accountable in the discharge of their functions, and the imperative that prosecutors operate independently and without fear, pressure, threats or favour. She also stresses how – in upholding the rule of law and protecting human rights – prosecutors must make, and be perceived to make, decisions objectively, independently and impartially. The Special Rapporteur also underlines the importance of developing a skilled and competent prosecution service through appropriate capacity-building. The report ends with a series of conclusions and recommendations. * GE.12-13814 Late submission.

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