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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