A/HRC/44/47
Europe and Latin America. At the meeting, which was entitled “The independence of
prosecutors and their contemporary challenges from a global perspective”, a human rights
approach was used in assessing prosecution services’ independence from influence or
pressure exerted on them by other parts of the State apparatus or by de facto powers. A
recurring theme was the threat posed by transnational corruption to the daily work and
efforts of prosecution services in modern times and the consequent negative impact on
human rights.
14.
In November 2019, the Special Rapporteur asked Member States and a number of
prosecutors’ associations and organizations to respond to a series of questions about the
impact of transnational corruption on human rights and the administration of justice. Thirtytwo entities, including Member States and their respective prosecution services, civil
society organizations, professional associations of prosecutors and distinguished academics
provided information and specialized studies on corruption cases, investigative challenges,
the use and benefits of the international cooperation mechanisms established in the United
Nations Convention against Corruption (hereinafter referred to as the Convention) and
landmark cases in the fight against corruption.
III. The central role of the public prosecution service in fighting
corruption and upholding human rights
A.
Previous considerations
15.
In his previous reports 13 and activities, the Special Rapporteur has already made
reference to the adverse impact of corruption on society as a whole, and specifically on the
judicial system, prosecution services and their staff and on human rights in general. He has
also emphasized the crucial role that the judicial system, and prosecutors in particular, are
called upon to play in investigating and punishing corruption, particularly transnational
corruption, which is one of the greatest contemporary challenges and currently affects
countless countries.
16.
In his first report to the General Assembly, the Special Rapporteur stated that the
Convention
should also be seen as a fundamental international instrument for the protection of
human rights, and it therefore warrants continued attention from the relevant
competent bodies.14
The concept he evoked has become reality. The regressive idea that human rights bodies
should not concern themselves with the issue of corruption is now regarded as obsolete and
has been abandoned.
17.
In the context of the United Nations, both the Commission on Human Rights and,
later, the Human Rights Council have played an active and central role in the converging
spheres of human rights and the fight against corruption. At one time, the Sub-Commission
on the Promotion and Protection of Human Rights commissioned a working paper and
subsequently established the position of the Special Rapporteur on corruption and its
impact on the full enjoyment of human rights, in particular economic, social and cultural
rights.15 The Special Rapporteur on corruption submitted three reports, in 2003, 2004 and
2005 respectively, in which she developed fundamental concepts relating to the connection
between corruption and human rights.16
18.
The Human Rights Council has subsequently issued resolutions on the negative
impact of corruption on the enjoyment of human rights. The Council highlighted the
“increasing negative impact of widespread corruption on the enjoyment of human rights”
and described corruption as “one of the obstacles to the effective promotion and protection
13
14
15
16
4
A/HRC/35/31 and A/72/140.
A/72/140, para. 29.
E/CN.4/2003/2-E/CN.4/Sub.2/2002/46, Decision 2002/106, p. 77.
E/CN.4/Sub.2/2003/18, E/CN.4/Sub.2/2004/23 and E/CN.4/Sub.2/2005/18.
GE.20-04343
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