A/HRC/44/47 both are crucial institutions in the spheres of investigation, prosecution and punishment, while maintaining respect for guarantees of due process. 25. This approach presupposes the operation of a justice system which includes a public prosecution service that plays a central role in tackling corruption by acting with independence, integrity and neutrality in guiding investigations, formulating charges and collecting evidence, among other functions, concepts and processes. If the system fails to perform its functions or is itself corrupt, a vicious circle of impunity begins and can lead to further acts of corruption and human rights violations. C. Prosecutors: key players in tackling corruption 26. The Special Rapporteur endorses the analysis contained in the report of the former Special Rapporteur, Gabriela Knaul, 22 on prosecutors and prosecution services, and in particular the references to the general standards applicable to the independence and impartiality of prosecutors and the performance standards set out in the Guidelines on the Role of Prosecutors and the Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors. 27. Prosecutors and judges have a central role in the functioning of the rule of law. In most legislation systems, prosecutors play an indispensable role in the investigation of offences, as well as in decision-making processes that may lead to criminal proceedings and the corresponding sanctions. As the Special Rapporteur has stated on other occasions, situations of bias and corruption result in a violation of article 14 of the International Covenant on Civil and Political Rights, which stipulates that everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.23 28. In accordance with international standards, the functions and activities of the public prosecution service are to be performed on the basis of the obligation to respect, protect and uphold established human rights.24 The guiding principles, which take account of the global nature of the issue of corruption, expressly state that prosecutors must give due attention to the prosecution of corruption offences committed by public officials. One of the main functions of the prosecution services is therefore to combat this phenomenon. 25 29. Institutional and social responsibility for investigating and punishing corruption falls to judges and prosecutors who are part of an impartial justice system based on respect for the law and human rights. Since the functions of prosecution services include the duty to act on behalf of society as a whole and to defend the public interest, high standards of conduct, neutrality, fairness and professionalism must prevail. In selection and appointment processes, care must be taken to ensure that the criteria of merit, suitability and transparency are paramount. 30. The Special Rapporteur wishes to emphasize that citizens’ confidence in the ability of their law enforcement and judicial institutions to deal with corruption cases and situations is often linked to an effective capacity to investigate and punish the perpetrators. The victims of corruption are an integral part of the process. As an essential element of the principles of participation, transparency and non-discrimination, they must therefore be heard at the investigation and trial stages and provided with appropriate forms of reparation. 31. Human rights defenders, on the other hand, tend to be key players in pushing for investigations into cases of corruption, which has often led to their becoming targets for violence. Particular attention and, where appropriate, protective measures, should be put in place for them in order to prevent reprisals for reporting acts of corruption. 22 23 24 25 6 A/HRC/20/19. A/HRC/35/31, para. 100. Guidelines on the Role of Prosecutors, guideline 12, and Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, art. 1 (h). Guidelines on the Role of Prosecutors, guideline 15. GE.20-04343