A/HRC/20/19 VI. Safeguards for the independence and impartiality of prosecutors 58. Many elements affect the capacity of prosecutors to perform their functions in an independent and impartial manner. Some challenges are related to the way the prosecution system is structured and their career organized, while others depend on external factors. The Special Rapporteur has frequently come across the following examples in the exercise of her mandate: lack of adequate resources (e.g. human, financial and logistical); lack of autonomy and independence due to internal or external pressure; poor conditions of service (e.g. low salary, lack of infrastructure and the necessary technical equipment for an effective investigation); and concerns related to the security of prosecutors and their families. Appointment and promotion 59. The United Nations Guidelines prescribe that prosecutors be selected on the basis of objective criteria and that they be individuals of ability and integrity, with appropriate training and qualifications (para. 1). The IAP Standards of professional responsibility emphasize that recruitment (and promotion) should be decided on the basis of a fair and impartial decision-making procedure.36 These criteria are also included in a number of regional standards.37 Furthermore, selection criteria for prosecutors should embody safeguards against appointments based on partiality or prejudice and exclude any form of discrimination.38 60. Appointment procedures depend to some extent on the institutionalization of the prosecution service. In a number of countries, access to the career of prosecutor occurs through a public competitive examination or other selection process. In other countries, appointment involves the executive and/or the legislative branch. In some cases, practical experience as a lawyer is required to be admitted to the prosecutorial career. 61. In countries where the prosecution service is part of or linked to the executive, the body regulating the career of prosecutors is generally the Office of the Prosecutor General or the Ministry of Justice. Where the prosecution service is linked to the judiciary or is totally independent, a body such as the Superior Council of the Judiciary or the Superior Council of Prosecutors or the Office of the Prosecutor General is usually mandated to regulate the careers of prosecutors. 62. In the view of the Special Rapporteur, a public competitive selection process (an examination) is an objective way to ensure the appointment of qualified candidates to the profession. Both selection and promotion processes should be transparent in order to avoid undue influence, favouritism or nepotism. 39 Recruitment bodies should be selected on the basis of competence and skills and should discharge their functions impartially and based on objective criteria. This body should be composed by a majority of members from within the profession in order to avoid any possible political or other external interference.40 36 37 38 39 40 IAP, Standards of professional responsibility (see footnote 4 above), art. 6. See African Commission on Human and Peoples’ Rights, Principles and guidelines on the right to a fair trial and legal assistance in Africa, sect. F, para. (c); Council of Europe, Recommendation Rec (2000) 19, para. 5 (b). United Nations Guidelines, para. 2 (a). A/HRC/17/30/Add.3, para. 23. A/HRC/11/41, para. 28. 13