A/HRC/44/47
General Kofi Annan4 in 2003 and by the current Secretary-General António Guterres5 in
2018.
8.
The destructive effects of corruption on human rights have become apparent as a
result of, inter alia, concentration of power and a lack of transparency in public
administration. Corruption also has a direct impact on States’ obligation to allocate the
maximum available resources for the fulfilment of the economic, social and cultural rights
of the population, affecting in particular the poorest sectors of society and children.
9.
As has previously been stated, 6 corruption has a significant impact on public
institutions, reducing their legitimacy and weakening society’s confidence in them and in
States in general, and consequently impeding their ability to ensure that human rights are
protected. These negative impacts include direct and indirect effects on the ability of
judges, prosecutors, lawyers and other legal professionals to carry out their professional
work and duties in an impartial and independent manner.7
10.
In 2012, former Special Rapporteur Gabriela Knaul conducted an analysis of the role
and status of prosecution services, including a comprehensive assessment of the guarantees
protecting their independence.8 She examined the structural and functional independence of
prosecution services with reference to the Guidelines on the Role of Prosecutors. 9 The
report highlighted, among other issues, the role and responsibilities of prosecutors, as well
as their relationship with other stakeholders with whom they interact within the criminal
justice system. Lastly, Ms. Knaul made a careful analysis of the different elements that
might influence their independence and impartiality.10
11.
Another noteworthy initiative, implemented jointly by the United Nations Office on
Drugs and Crime and the International Association of Prosecutors, involved prosecutors
directly and gave rise to the publication of a report11 intended to assist and guide States in
the review and/or development of international standards for their prosecution services or
offices of attorneys general. Among the standards mentioned in that report are the
Guidelines on the Role of Prosecutors, as well as the Standards of Professional
Responsibility and Statement of the Essential Duties and Rights of Prosecutors issued by
the International Association of Prosecutors.12
12.
During 2019, the Special Rapporteur launched a series of initiatives, seminars and
discussions to gather assessments and views; these have been a critical and invaluable
source of information and observations in the preparation of the present report. The Special
Rapporteur is grateful for all these contributions, which were an essential element in the
drafting of this report and in further shaping his work on this topic.
13.
The Special Rapporteur launched one such activity in New York in July 2019.
Within the framework of the high-level political forum on sustainable development, a side
event was organized to examine this issue within the theme of Sustainable Development
Goal 16: Peace, justice and strong institutions. For the event, the Special Rapporteur
convened a group of experts including the current President of the International Association
of Prosecutors and current and former prosecutors and attorneys general from Africa, Asia,
4
5
6
7
8
9
10
11
12
GE.20-04343
United Nations Office on Drugs and Crime, United Nations Convention against Corruption, New
York, 2004, Foreword, p. iii.
António Guterres, 10 December 2018, available at https://www.unodc.org/bolivia/es/Las-actividadescontra-la-corrupcion-son-esenciales-para-construir-la-paz--proteger-los-derechos-humanos-ygarantizar-el-desarrollo-sostenible.html.
A/72/140, para. 18.
Ibid, para. 97.
A/HRC/20/19.
Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana,
27 August–7 September 1990.
A/HRC/20/19, paras. 58–81. In order to avoid duplication, the Special Rapporteur draws attention to
the content of that report.
United Nations Office on Drugs and Crime, The Status and Role of Prosecutors, 2014, available at
https://www.unodc.org/documents/justice-and-prison-reform/HB_role_and_status_prosecutors_1405222_Ebook.pdf.
International Association of Prosecutors, Human Rights Manual for Prosecutors, 2nd rev. ed., The
Hague, 2009, p. 239.
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