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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