A/HRC/44/27
Bureau had established a public consultative council in which 20 civil society organizations
were represented.
VI. International cooperation
58.
Challenges to integrating human rights into anti-corruption efforts may also arise in
the context of international cooperation. Human rights safeguards must be upheld in
extradition (article 44 of the United Nations Convention against Corruption) and mutual
legal assistance (article 46 of the Convention) requests. In particular, the principle of nonrefoulement must be guaranteed.15 It prohibits States from extraditing a person to another
State where there are substantial grounds for believing that he or she would be at risk of
irreparable harm, including persecution, torture and other cruel, inhuman or degrading
treatment, flagrant denial of the right to a fair trial or the death penalty.
59.
Challenges can also arise in the context of article 50 of the United Nations
Convention against Corruption, which deals with special investigative techniques such as
the use of controlled delivery, electronic or other forms of surveillance and undercover
operations. The Conference of the States Parties to the Convention, in its resolution 8/2,
approved the set of non-binding recommendations and conclusions based on lessons
learned regarding the implementation of chapters III and IV of the Convention. Among the
good practices identified was the wide use and application of special investigative
techniques in corruption cases both domestically and internationally, in accordance with the
protection of fundamental rights (CAC/COSP/2019/3).
60.
Several submissions included information on bilateral and multilateral cooperation
agreements on countering corruption. Ecuador, for example, referred to a memorandum of
understanding it had signed with Chile. Moreover, Ecuador had established a commission
of international experts against corruption.
61.
El Salvador said it had signed an agreement of cooperation with the Organization of
American States on an advance mission for the establishment of an international
commission against impunity in El Salvador. The commission, once established, would
support, strengthen and collaborate with the institutions of El Salvador charged with
preventing and investigating acts of corruption and other related crimes and for punishing
those responsible.
62.
Several submissions referred to cooperation with international organizations and the
ratification of international instruments against corruption, such as the United Nations
Convention against Corruption, the United Nations Convention against Transnational
Organized Crime, the African Union Convention on Preventing and Combating Corruption,
the Economic Community of West African States Protocol on the Fight against Corruption,
the Council of Europe Criminal Law Convention on Corruption and its Additional Protocol,
the Convention on Combating Bribery of Foreign Public Officials in International Business
Transactions and the Inter-American Convention against Corruption. Submissions also
highlighted the importance of implementing the recommendations of implementation
review mechanisms such as the Group of States against Corruption, the Working Group on
Bribery in International Business Transactions of the Organization for Economic
Cooperation and Development (OECD) and the Implementation Review Group of the
Conference of the States Parties to the United Nations Convention against Corruption. El
Salvador, for example, highlighted that the proposals for reforming its Penal Code, its
Criminal Procedure Code and the law on the criminal responsibility of legal entities for the
commission of crimes had been made in follow-up to its reviews of chapters III and IV of
the United Nations Convention against Corruption. Others drew attention to the importance
of technical assistance from and cooperation with specialized organizations such as
UNODC. The European Union reported on the establishment of a European public
prosecutor’s office charged with investigating and prosecuting for crimes such as fraud,
corruption and money-laundering affecting the European Union budget in the 22
participating member States. The European Union also referred to its anti-corruption
experience-sharing programme, which offered anti-corruption practitioners a forum to seek
15
12
See, for example, article 3 of the United Nations Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents