A/HRC/20/19 49. As regards the suspected person or the accused, prosecutors should ensure, as far as possible, that accused persons are aware of their rights, and that all relevant circumstances are taken into account, irrespective of whether they are to the advantage or disadvantage of the suspect. Additionally, prosecutors have a duty to ensure the accused person’s right to a fair trial23 and that his/her right to defend him/herself is fully respected, including the right of the accused to be informed of the charges in a language that he/she understands, and to have adequate time and facilities to prepare his/her defence. 50. In addition, prosecutors shall take into account the position of the suspect and the victim while at the same time protecting the public interest. 24 However, a distinction must be drawn in order to avoid confusion between public and State interests, that is, the exercise of public interest functions – such as criminal prosecution – should not be conceived as having the role to protect the interest of the Government, a political party or any other State institution.25 In this vein, prosecutors should also remain unaffected by personal or other interests and pressure from the media or public. 26 Another duty of prosecutors vis-à-vis the public is the obligation to give due attention to the prosecution of crimes committed by public officials.27 The role of prosecutors in relation to juveniles and alternatives to prosecution 51. Concerning juveniles, the United Nations Guidelines stipulate that prosecutors shall endeavour to take prosecutorial action against juveniles only to the extent strictly necessary. In countries where prosecutors are vested with discretionary functions to decide whether to prosecute a juvenile, prosecutors shall consider, in particular, available alternatives to prosecution under the relevant juvenile justice laws and procedures. In making this assessment, they should give special consideration to the nature and gravity of the offence, the protection of society and the personality and background of the juvenile. 28 52. The possibilities of applying alternative procedures, where appropriate, not only applies to juveniles but can be considered in all cases where an alternative disposal would be in the interests of justice or the public. Accordingly, the United Nations Guidelines recommend that prosecutors give due consideration to waiving prosecution, discontinuing proceedings conditionally or unconditionally, or diverting criminal cases from the formal justice system (para. 18). This should occur with full respect for the rights of the suspect as well as the victim. The role of prosecutors in ensuring non-discriminatory practices 53. Selection criteria for prosecutors should embody safeguards against appointments based on partiality or prejudice, without discrimination based on race, colour, gender, sexual orientation, language, religion, political or other opinion, national, social or ethnic origin, property, birth, economic or other status. 29 It is important, in this respect, that an adequate representation of minority groups is ensured in prosecution services. Such groups should also have equal access to justice. 23 24 25 26 27 28 29 IAP, Standards of professional responsibility (see footnote 4 above), art. 1, 6th para. United Nations Guidelines, para. 13 (b). See Venice Commission, Report on European standards, CDL-AD(2010)040 (see footnote 9 above), para. 71; also HRC/20/33/Add.6, para.56. IAP, Standards of professional responsibility, art. 3, 2nd para. United Nations Guidelines, para. 15. Ibid., para. 19. Ibid., para. 2 (a). 11