A/HRC/44/47 I. Introduction 1. The present report is the fourth to be submitted to the Human Rights Council by the Special Rapporteur on the independence of judges and lawyers, Diego García-Sayán, pursuant to Human Rights Council resolution 35/11. 2. The broad scope of the mandate of the Special Rapporteur with regard to the question of judicial independence extends to “the nature of potential threats to this independence and impartiality”, 1 according to the general terms used by the former Commission on Human Rights when it established the mechanism of the Special Rapporteur. Over time, and given the growing complexity of human rights agendas and challenges, increasing attention has been paid to the issue of corruption and the ways in which it threatens the upholding of and respect for human rights. As the Special Rapporteur indicated when he presented the broad outlines of his mandate in his first report to the Human Rights Council in 2017, 2 the impact of corruption on the independence of the judiciary in general and of its members in particular is an issue to which he wishes to pay special attention. 3. 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. The rule of law cannot be upheld, nor can justice 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 therefore 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. 4. The present report reflects the Special Rapporteur’s recent efforts to draw on the collective experiences, views, reflections and suggestions of prosecutors, judges, legal experts, academics and representatives of non-governmental organizations. The report focuses on an analysis of the ways in which corruption may hinder the exercise of the functions of prosecution services and, consequently, the legitimate enjoyment of human rights. It complements the analysis of the topic that was begun in the Special Rapporteur’s report to the General Assembly in 2017 (A/72/140). 5. The Special Rapporteur is particularly grateful to Member States and their offices of attorneys general, international associations of prosecutors, civil society organizations and distinguished academics for their commitment and timely response to the call for contributions to the present report. 6. The Special Rapporteur further wishes to thank the Human Rights Clinic of the Human Rights Research and Education Centre at the University of Ottawa for its considerable support in the research and drafting of the present report. He is also grateful to the International Association of Prosecutors and the Ibero-American Association of Public Prosecutors for their support in distributing the questionnaire prepared by him and forwarding the replies from offices of attorneys general in an independent manner. II. Overview 7. In his first report in 2017, the Special Rapporteur stressed that corruption undermines the rule of law and the ability of States to promote systems of governance accountable to and compliant with human rights standards. 3 He also recalled the severe impact of corruption on the enjoyment of human rights, as described by former Secretary- 1 2 3 2 Resolution 1994/41, para. 2. A/HRC/35/31. A/72/140, para. 21. GE.20-04343