A/HRC/20/19
94.
The structure of prosecution services influences the relationship between
prosecutors and other actors of the justice system, namely judges, the police, lawyers
and individuals, including litigants. Regardless of how these relationships are
constructed, prosecutors should strive to cooperate with the police, the courts, the
legal profession and other Government institutions in order to strengthen the
efficiency and effectiveness of the system.
95.
Several structural, institutional, contingent or dispositional factors highlighted
in the report may affect, in many ways, the work of prosecutors. States have an
obligation to provide the necessary safeguards to enable prosecutors to perform their
important role and function in an objective, autonomous, independent and impartial
manner. Likewise, prosecutors need adequate human, financial and technical
resources to carry out their work. At the same time, it is essential to ensure that
prosecutors are accountable in the performance of their duties.
96.
The Special Rapporteur also underlines the importance of developing a skilled
and competent prosecution service through appropriate capacity-building and
training for prosecutors, both on initial appointment and continually throughout their
career.
97.
The Special Rapporteur presents the following recommendations with the aim
of ensuring and strengthening the objectivity and impartiality of prosecutors and
prosecution services, as well as their ability to perform their functions in such a way
as to contribute to the fair administration of justice.
X. Recommendations
Structure of the prosecution service
98.
The prosecutor and the prosecution service should be autonomous, irrespective
of the institutional structure. States should ensure that prosecutors can perform their
functional activities in an independent, objective and impartial manner.
99.
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.
Relationship between prosecutors and judicial and other actors
100. The role of prosecutors should not be confused with the role of courts and trial
judges. The independence and impartiality of prosecutors as distinct from judges, and
the appearance thereof, should be maintained at all times, as they have very distinct
roles and functions.
101. Governments should take effective measures to guarantee that prosecutors and
the police cooperate in an appropriate manner, especially where the police are
independent of the prosecution service.
102. Prosecutors should, where relevant, to their decisions take into account the
position of the suspect and the victim, while at the same time protect the public
interest. A distinction must be drawn between public and State interests, in order to
avoid confusion. Acting on behalf of public interest should not be perceived as
protecting the interest of the Government, a political party or any other State
institution.
19
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