A/HRC/10/21
page 22
57. As referred to in previous reports, the Working Group could observe throughout the years
that there has been a notable increase in the number of States that have ratified international
human rights instruments. These States consequently have introduced in their constitutions and
national legislation provisions to guarantee the rights set forth in the Universal Declaration of
Human Rights and in the International Covenant on Civil and Political Rights for persons
deprived of their liberty.
58. Nevertheless, in spite of the increase in formal recognition of human rights instruments,
implementation of these instruments has not yet reached the desirable level.
59. The Working Group has identified, as one main cause for this discrepancy between theory
and practice, the issue of corruption, which it observed to continue to exist among some officials
in the police, the judicial, legislative and other State institutions.
60. When police officers, prison administration staff, judicial civil servants, judges, public
prosecutors and lawyers approach individuals deprived of their liberty varyingly, depending on
whether or not bribes or other irregular payments or favours have been received, then the whole
system of guarantees becomes devoid of any content, empty and meaningless; it renders
defenceless all those who cannot or refuse to pay the amounts that are asked from them and in
turn further reduces the credibility of the entire system of administration of justice.
61. The Working Group shares the opinion of those who believe in the necessity of linking the
fight against corruption with the enjoyment of human rights. The United Nations Convention
against Corruption, adopted by General Assembly resolution 58/4 of 31 October 2003 and which
entered into force on 14 December 2005, reflects in its preamble, inter alia, the concerns of State
parties about ��the seriousness of problems and threats posed by corruption to the stability and
security of societies, undermining the institutions and values of democracy, ethical values and
justice and jeopardizing sustainable development and the rule of law”.
62. From the viewpoint of the mandate of the Working Group, it is considered that corruption
can have an enormous consequence on any legal system in that corruption prevents such legal
systems from being effective instruments for its eradication.
63. If there is a legal system perceived to be generally corrupt, it is essential to analyse in the
first place the underlying root causes facilitating corrupt conduct. They are, without a doubt,
usually manifold and concurrent. However, the Working Group considers it important, among
other things, to highlight the following: the absence of a system of information for citizens with
respect to their rights and a lack of awareness resulting from it; the lack of transparency in
judicial proceedings due to their obscurity and complexity; and the absence of effective
instruments to investigate into and redress allegations of corruption which can be approached
anonymously.
64. With a view to the United Nations Convention against Corruption recently entered into
force, which establishes a comprehensive set of extraordinarily ample measures for the
prevention and prosecution of corrupt practices, the Working Group calls on States affected by
this phenomenon to study these measures and seek the implementation of those measures most
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