A/HRC/44/47
the Convention. The judicial authorities and the public prosecutor’s office both have a role
to play here, as both are crucial institutions in the spheres of investigation, prosecution and
punishment, while maintaining respect for guarantees of due process. It is therefore
essential that respect for the institutional and financial independence and autonomy of
prosecution services is guaranteed.
88.
The Guidelines on the Role of Prosecutors are of particular importance for the
functional and institutional independence of prosecution services. Their application and
ongoing dissemination are vital. The Guidelines are complemented by the Standards of
Professional Responsibility and Statement of the Essential Duties and Rights of
Prosecutors.
89.
Public confidence in the institutions responsible for the administration of justice
must continue to be increased by strengthening their capacity to effectively investigate and
punish perpetrators of corruption. The actions of prosecution services must be based on
objectivity, impartiality, coherence and respect for the law and aligned with international
human rights standards and norms such as the Guidelines, 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.
90.
Prosecution services must have specialized anti-corruption units. These units must
have the necessary technical and financial autonomy to enable them to conduct independent
and reliable investigations.
91.
In the normative sphere, there is a need to update and modernize criminal
legislation, on both substantive and procedural matters, in order to ensure that, within the
conceptual framework of the Convention, there are suitable rules allowing for effective
investigations while simultaneously fully upholding the human rights of the victim or
injured party and/or the alleged perpetrator, as well as the guarantees to which they are
entitled.
92.
At the institutional level, there is a need to strengthen the institutional respect of
other branches of government or the State for the independence and autonomy of
prosecution services. This should include adequate budgetary resources to ensure that their
independence and autonomy is not affected. Independence, however, is not at odds with
transparency, accountability, affidavits, laws on access to public information and external
controls.
93.
It is essential to develop specialist programmes to ensure that prosecutors and their
staff are able to use the tools they need to achieve high standards in investigative outcomes
and the management of modern technologies and criminal investigation tools and guarantee
respect for human rights standards and due process in the collection of evidence.
94.
At the operational level, progress must be made in closing the regulatory gaps in
matters such as the classification of corruption offences and penalties, the time frames
applied in formal channels for international cooperation mechanisms and respect for due
process and human rights. This must be accompanied by specialized training for
prosecutors, experts, police officers and other public officials involved in criminal
investigations using a human rights-based approach, which poses a constant challenge for
prosecution services.
95.
States that do not yet have a specific code of ethics for the public prosecution service
are urged to adopt one, in accordance with the international principles and standards that
should govern the way the service performs its functions. Such a code should make it
possible to identify, prevent and punish practices that threaten the independence and
integrity of the prosecution service and provide for preventive measures designed to
strengthen those attributes.
96.
In order to strengthen the international cooperation between prosecution services
provided for in the Convention and to render it more effective, some areas and procedures
must be refined, such as the differences in processing time frames, the mechanisms used to
undertake inquiries abroad, the strengthening of joint investigations to avoid duplication of
effort and common guidelines for identifying evidence.
GE.20-04343
15
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