A/HRC/44/47
prosecution services is influenced, neutralized or co-opted by circumstances unrelated to
the exercise of their professional activities, a culture of impunity develops.
72.
There is no single system or model that can shield public prosecution services from
the impact of corrupt practices.49 While it is true that corruption tends to be prevalent in
those countries where the concepts of separation of powers and the independence and
integrity of judges and prosecutors are less entrenched, it is the view of the Special
Rapporteur that the margin of discretion that prosecutors have in interpreting and resolving
issues within their competence makes them a prized target for corruption.
73.
Some countries, for example, have specialized units to process any complaints
received and, where appropriate, recommend their closure or dismissal. 50 These units can
only carry out their work effectively if there is a protocol in place and appropriate oversight
of cases that are dismissed. Otherwise, their work might be used as an excuse to obtain
undue incentives and create opportunities for corruption within the prosecution services. 51
74.
Persons who are willing to put their personal, group or partisan interests before those
that should govern the public prosecution service pose a danger to its proper functioning
and, by extension, to the rule of law and respect for human rights. Where the public
prosecution service is subordinate to the executive branch, guarantees against external
pressure are all the more necessary in order to shield it from undue political influence. 52
75.
Several prosecution services reported that they had ethics or good governance codes
or commissions in place to ensure the full, efficient and transparent management of the
work of prosecutors, in addition to guidelines on ethical behaviour and conflicts of interest
designed to help identify, investigate and, where appropriate, punish cases of unreported
conflicts of interest, as well as violations of the principles of justice, integrity, impartiality,
non-abuse of power, independence, confidentiality and respect for the law. Despite
significant progress, however, a large number of prosecution services still have no ethics
commission or code in place.
76.
Prevention programmes. Strategies for preventive and disciplinary monitoring plans
have been designed and implemented in several public prosecution services to identify,
investigate and punish possible acts of corruption within prosecution services. A
noteworthy example in this regard is the “Bolsillos de Cristal” strategy used in Colombia
and which is designed to ensure transparency in the conduct of public officials. The purpose
of the strategy is to eradicate high-profile corruption practices, including in the
administration of justice, which naturally includes judges, judicial services centres,
prosecution services and the judicial police.
77.
Procedural manuals. Some prosecution services have also developed manuals for
the investigation of corruption offences and guidelines on ethical behaviour and conflicts of
interest, as well as good practices for internal work dynamics and the safeguarding of
information and filing systems. Among the principles that guide the activity of prosecutors
are justice, integrity, impartiality, non-abuse of power, independence, confidentiality and
respect for the law.
78.
Declaration of assets and interests. In some jurisdictions, in order to comply with
the obligations set out in article 11 of the Convention, prosecutors are required to declare
their own assets and interests, as well as those of their spouse or partner and children. In
order to build confidence in public prosecution services, Member States need to make
greater commitments to transparency with regard to prosecutors’ assets.
79.
Internal oversight. In the fight against corruption, it is essential to create special
prosecutor’s offices for the investigation, prosecution and punishment of corruption-related
49
50
51
52
GE.20-04343
Owing to the confidential nature of the information received by the Special Rapporteur, it is not
possible to name particular countries.
For example, Chile has a unit that handles non-complex cases, and Guatemala has a fast-track
processing unit.
Fundación para la Justicia y el Estado Democrático de Derecho, Due Process of Law Foundation and
Justice Studies Center of the Americas, Estándares internacionales sobre la autonomía de los fiscales
y las fiscalías, Mexico, 2017, p. 38, available at http://www.dplf.org/sites/default/files/
estandares_fiscales_diagramacion_v3.pdf.
Venice Commission, CDL-AD (2010)040, para. 83.
13
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