A/HRC/20/19 Security of prosecutors 76. In many countries, prosecutors are directly exposed to security risks, especially those dealing with particularly sensitive cases such as organized crime and terrorism cases. A prosecutor who fears for his/her security – or that of his/her family – cannot possibly be fully independent and impartial in the performance of duties. The only specific document focusing on this important issue is the Declaration on Minimum Standards Concerning the Security and Protection of Public Prosecutors and their Families, developed by the IAP in 2008. Important safeguards concerning the personal security of prosecutors are also contained in the United Nations Guidelines (paras. 4 and 5). 77. As highlighted in the IAP Declaration on Minimum standards concerning the security of prosecutors,47 there should be a specific institution tasked to assess the security risks for prosecutors and their families and provide them with information, training and advice concerning personal safety (paras. 4 and 5). If prosecutors or their families are subjected to any form of violence or threats of violence, or to any form of intimidation, coercion or of inappropriate surveillance, it is the responsibility of the Government to fully investigate such incidents and take steps to prevent their future recurrence and provide, when needed, prosecutors and their families with the necessary counselling or psychological support (para. 8). 78. The Special Rapporteur underlines that States have the duty to ensure the personal safety of prosecutors and their families. Other elements 79. Lack of resources, a heavy workload and inadequate physical conditions of work have been often reported as major challenges to effective performance by prosecutors. 80. The method for assigning cases within the prosecution service is another important element to safeguard the independence and impartiality of prosecutors. An independent and impartial case assignment system protects prosecutors from interference from within the prosecution service. Preferably, the specialization and qualification of the prosecutors should be taken into account when assigning cases.48 81. Prosecutors are entitled to freedom of expression, belief and association, and should be free to form professional associations to represent their interests, promote professional training and protect their status within recognized standards and professional ethics. 49 Prosecutors cannot generally be a candidate in political elections without resigning from office, however, in most cases, they can normally return to their career after the termination of the political term. The Special Rapporteur is of the opinion that prosecutors should, at all times, conduct themselves in a profession manner and strive to be and be seen to be independent and impartial.50 She notes that affiliation to a political party or candidacy for political office may affect perceptions in this regard. 47 48 49 50 16 IAP, Declaration on Minimum standards concerning the security and protection of public prosecutors and their families, Helsinki, Finland, 1 March 2008 Council of Europe, Recommendation Rec (2000) 19, para. 9. United Nations Guidelines, paras. 8-9. See IAP, Standards of professional responsibility, art. 1.

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