A/HRC/44/47 51. At the institutional level, one of the challenges some prosecution services still face is to gain institutional respect from other branches of government or the State as regards the services’ independence and autonomy. Actions that could weaken prosecution services, undermine the public’s perception of the impartiality of criminal investigations or encourage political or de facto powers to interfere in the work of the public prosecution service are particularly important. The lack of financial independence has also resulted in a lack of human resources, which has hampered the ability of prosecution services to launch and conduct investigations within reasonable time frames. 52. The lack of autonomy and functional independence not only undermines the credibility of prosecutorial authorities and public confidence in the administration of justice, but also provides cover for potential corrupt practices. Independence, however, must not lead to a lack of accountability,37 which is especially important in systems where the public prosecution service is fully independent and is not subject to any oversight by the executive or legislative branches.38 53. Like judges, prosecutors are automatically disqualified from working on cases in which they have, or might appear to have, a personal or biased interest. The European Commission for Democracy through Law (Venice Commission) of the Council of Europe considers that, given their high level of responsibility, prosecutors can be subject to certain conditions and restrictions aimed at ensuring consistency, impartiality and integrity in their decision-making.39 54. Public perception of potential bias in their actions provokes scepticism vis-à-vis anti-corruption activities and undermines the legitimacy of the administration of justice and the effectiveness of public institutions. It is therefore not enough for prosecution services to take action against corruption; their efforts must also be communicated to the general public.40 55. Civil society organizations told the Special Rapporteur that in various jurisdictions, prosecution services do not have effective accountability mechanisms through which to inform the public of the progress or outcomes of investigations into transnational corruption. They also highlighted the lack of access to periodic reports on the outcome of investigations, some of which are not published, as well as the absence of statistics showing the number of cases that the judicial system has handled and the rulings that were made, especially in those cases where there is a national interest. 56. The accountability of prosecution services is not something that in itself can be understood as affecting their independence and autonomy. The obligation to provide accountability is especially important in those systems where the public prosecution service is fully independent and is not subject to any oversight by the executive or legislative branches.41 57. At the operational level, differences in normative matters such as the classification of corruption-related offences and penalties, the time frames applied in formal channels for international cooperation mechanisms, respect for due process and human rights or limited knowledge of the multilateral tools to promote investigation and prosecution practices in all jurisdictions are among the factors that limit the ability to conduct successful criminal investigations and prosecutions.42 58. The provision of specialized training for prosecutors, experts, police officers and other public officials involved in criminal investigations and in the human rights-based administration of justice as a whole is a constant challenge for prosecution services. Due to the novel nature of the tasks that await them and the new forms of corruption that are 37 38 39 40 41 42 10 A/HRC/17/30/Add.3, para. 18. A/HRC/20/19, para. 84. CDL-AD (2010)040, para. 17. It is therefore important to set up communication units within prosecution services to inform the public about the outcome of their efforts. A/HRC/20/19, para. 84. Report of the Africa-Europe Prosecutors Conference on International Judicial Cooperation on Investigation and Prosecution of Human Trafficking and Migrant Smuggling, Sharm el-Sheikh, Egypt, 18–20 September 2018. GE.20-04343