A/HRC/20/19
United Nations
General Assembly
Distr.: General
7 June 2012
Original: English
Human Rights Council
Twentieth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on the
independence of judges and lawyers,
Gabriela Knaul
*
Summary
Following a brief outline of the activities carried out by the Special Rapporteur on
the independence of judges and lawyers in 2011, the report highlights the existing
international and regional standards relating to prosecutors and prosecution services.
Thereafter, the Special Rapporteur analyses the role and responsibilities of prosecutors
and the wide diversity of systems that exist within prosecution services globally. She
examines the relationship between prosecutors and other actors who operate within the
criminal justice system, such as the police, the judiciary, lawyers as well as other
individuals entering into contact with the justice system.
The report then focuses on a number of safeguards for prosecutors, as well as
various elements that may have an impact on their independence and impartiality. The
report also analyses the issue of prosecutors’ accountability. In particular, the Special
Rapporteur examines the thin line between ensuring that prosecutors are accountable in
the discharge of their functions, and the imperative that prosecutors operate
independently and without fear, pressure, threats or favour. She also stresses how – in
upholding the rule of law and protecting human rights – prosecutors must make, and be
perceived to make, decisions objectively, independently and impartially. The Special
Rapporteur also underlines the importance of developing a skilled and competent
prosecution service through appropriate capacity-building. The report ends with a series
of conclusions and recommendations.
*
GE.12-13814
Late submission.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents