A/HRC/44/47 65. The Special Rapporteur wishes to recognize the relevant work carried out by the International Commission against Impunity in Guatemala until 2019. An investigative cooperation body that was set up by the United Nations and the Government of Guatemala, the Commission was competent to investigate and collaborate in the prosecution of various crimes, including corruption, in accordance with national legislation. 45 The Commission is one of the most relevant anti-corruption initiatives implemented to date. It was an international body with political, organizational and financial independence, composed of judges, prosecutors and law enforcement officers from more than 20 countries. In the 12 years of its existence, it played a key role in the identification and prosecution of officials, business owners and drug traffickers for corruption offences. 66. The Special Rapporteur would also like to place on record his recognition of the significant contribution of the Mission to Support the Fight against Corruption and Impunity in Honduras, which not only focused on relevant cases involving public and private corruption networks and achieved successful outcomes, but also made contributions to reforming and strengthening institutions to prevent the scourge of corruption from continuing to undermine the credibility of the authorities and the political system. The Special Rapporteur condemns the decision taken in January 2020 not to renew the Mission’s mandate.46 67. Considerable progress has also been made in Europe in the fight against international corruption. The European Union Agency for Criminal Justice Cooperation (Eurojust) promotes and enhances the coordination of investigations and prosecutions, as well as cooperation between authorities of the member States. The Agency’s usefulness has been highlighted by prosecution services, particularly in connection with specific knowledge required for the typical operation of cases investigated by prosecution services. 68. The Agency’s tasks include assisting prosecutors and other investigators from the European Union in cases of serious crime that might affect two or more member States or that might be brought to trial as a result of operations conducted and information provided by the authorities of member States, the European Union Agency for Law Enforcement Cooperation (Europol), the European Public Prosecutor’s Office and the European Antifraud Office (OLAF). 69. According to the European Parliament,47 the European Public Prosecutor’s Office is expected to be operational at the end of 2020 or in early 2021. The Office will be independent and take charge of the investigation, prosecution and administration of justice in connection with offences against the budget of the European Union, including fraud, corruption and cross-border value added tax (VAT) fraud above €10 million.48 B. Judicial integrity and prevention of corruption in prosecution services 70. Article 11 of the Convention is of particular importance, as it calls on States to take measures to strengthen integrity and prevent corruption within the judiciary, without prejudice to its independence. Furthermore, the Convention provides for States to take measures to the same effect in those places where the prosecution service does not form part of the judiciary but enjoys similar independence. 71. Corruption or inaction has a general impact on the rule of law, as well as specific effects on institutional entities such as prosecution services if their independence is impaired and fundamental rights are weakened as a result. If decision-making by public 45 46 47 48 12 International Commission against Impunity in Guatemala, Final Report, El legado de la justicia en Guatemala, 2019, available at https://www.cicig.org/wp-content/uploads/2019/08/Informe LegadoJusticia_SI.pdf. See https://www.oas.org/en/media_center/press_release.asp?sCodigo=E-003/20. Regulation (EU) 2017/1939 of 12 October 2017 of the Council of the European Union implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office entered into force on 20 November 2017. The European Parliament adopted the draft Council regulation in its legislative resolution of 5 October 2017. European Parliament, thematic fact sheets on the European Union, Judicial cooperation in criminal matters, 2019. GE.20-04343

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