A/HRC/44/47
international human rights standards and norms, thus establishing the necessary means to
ensure that the assigned functions are carried out in a transparent and responsible manner
and that cooperation is viable.35
B.
Challenges for prosecution services in the area of international
cooperation
44.
A recurring theme in the submissions received from prosecution services in the
preparation of the present report was the challenges faced in achieving effective
international cooperation that meets the standards set out in the Convention.
45.
From the responses to the questionnaire circulated by the Special Rapporteur, it
appears that most prosecution services recognize that the international cooperation provided
for under the Convention has had a positive impact on the coordination of investigations.
However, from reading the reports, several areas of mutual assistance emerge as requiring
improvement in order to render the prosecution of corruption offences more efficient and
effective:
(a)
Time frames for procedures;
(b)
Mechanisms for undertaking inquiries abroad;
(c)
More efficient and agile coordination;
(d)
Institutional will to prosecute corruption-related offences;
(e)
Joint investigations;
(f)
Common guidelines for identifying evidence.
46.
With specific regard to investigations of transnational corruption, prosecution
services identified several normative, institutional and operational challenges, particularly
with regard to the coordination of investigation files.
47.
In the normative sphere, there is a need to update and modernize substantive and
procedural elements of criminal legislation in order to ensure that there are suitable rules
allowing for effective investigations while simultaneously upholding in full the human
rights of the victim or injured party and/or the alleged perpetrator, as well as the guarantees
to which they are entitled. Differences in normative matters such as the classification of
corruption-related offences and the range of penalties, the time frames applied in formal
channels for international cooperation mechanisms, respect for human rights and limited
knowledge of the multilateral tools designed to promote investigation and prosecution
practices in all jurisdictions are among the factors that limit the ability to conduct
successful criminal investigations and prosecutions.36
48.
A significant number of prosecution services also highlighted misuse of jurisdiction
or procedural immunity, which often hinders or prevents the investigation and potential
punishment of high-level public officials for conduct that constitutes the offence of
corruption.
49.
In addition, they pointed out that obstacles to investigation in this area are greater
when the requested country does not comply with minimum human rights standards to
protect victims or complainants, which has on many occasions prevented mutual assistance
in criminal matters.
50.
Some prosecution services stated that, despite Member States’ recognition of the
international obligation to facilitate asset recovery, they still face difficulties in that regard,
owing in particular to the lack of regulations governing search, monitoring and recovery
processes in respect of the property or resources under investigation.
35
36
GE.20-04343
A/72/140, paras. 97–106.
Report of the Africa-Europe Prosecutors Conference on International Judicial Cooperation on
Investigation and Prosecution of Human Trafficking and Migrant Smuggling, Sharm el-Sheikh,
Egypt, 18–20 September 2018.
9
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