A/HRC/44/47
offences, as well as special prosecutor’s offices for internal affairs to review the conduct of
public officials in cases of possible improper practices.
VI. Conclusions
80.
There is evidence of the destructive effects of corruption on human rights and on
institutional structures arising from concentration of power and a lack of transparency in
public administration. Corruption also has a direct impact on States’ obligation to allocate
the maximum available resources for the fulfilment of the economic, social and cultural
rights of the population, affecting in particular the poorest sectors of society and children.
81.
In all legal traditions, members of the public prosecution service, whether styled as
prosecutors, attorneys or by any other title, are a key element of the criminal justice system
and hold responsibilities that are critically important in the fight against corruption. Justice
cannot be effectively administered if justice officials cannot act independently, impartially,
objectively and with integrity, autonomy and neutrality in the performance of such a
sensitive function that comes with a high level of responsibility. One of the priorities in
building institutions and protecting human rights is to strengthen the independence of the
judiciary and ensure that it can resist attempts by political authorities or corrupt forces to
exert control over it.
82.
The Convention is the fundamental universal legal and institutional instrument for
addressing corruption and thereby contributing to the creation of conditions conducive to
upholding human rights. Following its adoption in 2003, a rich and inexorable process of
convergence and growing interaction began between the fight against corruption and
protection for human rights. In essence, this has arisen first and foremost because a
legitimate institutional framework that establishes respect for human rights and has
independent judicial systems is vital in order to address corruption and its various
manifestations in public institutions.
83.
The independence and integrity of judges and prosecutors is one of the substantive
aspects and, at the same time, a central and clear rule of the Convention. The viability of
the fundamental rules of the Convention in crucial areas such as international judicial
assistance and joint investigations would be seriously undermined if prosecution services
lacked the independence and integrity that are essential to their domestic and international
legitimacy.
84.
A legitimate institutional framework that establishes respect for human rights and
has independent judicial systems is vital in order to address corruption and its various
manifestations in public institutions. 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.53
VII. Recommendations
85.
It is important to further promote and develop in the United Nations the convergence
between human rights and the fight against corruption, taking into account the impact of
corruption on the enjoyment of human rights. The complementarity of international legal
frameworks in the areas of human rights and the fight against corruption must continue to
be promoted and strengthened.
86.
Irrespective of the legal or institutional model, fighting corruption must be one of
the main priorities of all prosecution services, which must act independently and neutrally
and adopt a human rights perspective and a focus on protecting victims and human rights
defenders.
87.
The responsibility to investigate, prosecute and, where appropriate, punish acts of
corruption is derived both from national law and from international treaties, in particular
53
14
A/HRC/RES/21/13 and A/HRC/RES/35/25.
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