A/HRC/44/47
emerging, specialist programmes are required that incorporate a human rights-based
approach. Such programmes must also ensure that prosecutors and their staff are able to use
the tools they need to achieve high standards in investigative outcomes and to increase the
number of substantive and procedural outcomes and of solid investigations in which respect
for human rights standards and due process is guaranteed in the collection of evidence.
59.
Lastly, owing to new trends in information technology, programmes aimed at
prosecutors and their staff must be implemented. It is essential that they are up to date in
the use of technologies and tools employed in criminal investigations, especially those used
by experts in prosecution services to obtain scientific evidence.
V. Good practices and ongoing challenges for public prosecution
services in the area of cooperation and the fight against
corruption
A.
Landmark cases involving international cooperation
60.
Based on the information received, the Special Rapporteur has taken note of
sustainable actions and policies that have given rise to good practices and sometimes led to
success both in cooperation during investigations and in the prosecution and sentencing of
perpetrators.
61.
Recently, coordinated efforts by public prosecution services in different countries
have produced significant results in the fight against transnational corruption by making use
of mutual legal assistance and, occasionally, by conducting joint investigations. This light
at the end of the tunnel must be harnessed to guide the expansion of such practices, which
promote the exercise of those obligations and powers set forth in the Convention designed
to protect those whose rights have been affected.
62.
The investigation in the “Lava Jato” case, for example, which involved offences
allegedly committed by Brazilian construction companies in Latin America and other
regions, is an emblematic and ongoing example of effective international judicial
cooperation between judges and prosecutors from a number of States and territories. The
fact that there has been effective cooperation between prosecution services in different
countries and territories in investigating corruption on different continents is a milestone in
itself. In addition to joint investigations, the substantive progress resulting from such
cooperation has also led to initiatives to encourage plea bargaining in return for
information.
63.
As of September 2019, the Brazilian judiciary, for example, had sent 384 requests
for cooperation to 61 countries. Conversely, Brazil and its prosecutorial and judicial
institutions had received 497 requests for information and cooperation from 39 countries or
territories, including 191 from Peru and 110 from Switzerland. The majority of the requests
made by Brazil were submitted to Switzerland and the United States of America. As a
result, valuable information was obtained on financial and banking movements involving
money obtained unlawfully, that is, on the connections used in transnational corruption
processes as a whole.43
64.
Some prosecution services also mentioned the positive impact of assistance on their
efforts to fight corruption, mainly with regard to the exchange of information and the
coordination of administrative measures during the course of investigations in other
regions. For example, following international cooperation between Oman and Switzerland
in 2019, the Swiss authorities provided assistance that enabled Oman to recover seized
assets that had been obtained through bribery and money-laundering.44
43
44
GE.20-04343
Legal Adviser to the International Cooperation Unit of the Attorney General’s Office of Brazil,
September 2019.
Questionnaire sent by Oman to the Special Rapporteur in response to the request made to countries
for the preparation of the present report.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents