A/HRC/44/47
65.
The Special Rapporteur wishes to recognize the relevant work carried out by the
International Commission against Impunity in Guatemala until 2019. An investigative
cooperation body that was set up by the United Nations and the Government of Guatemala,
the Commission was competent to investigate and collaborate in the prosecution of various
crimes, including corruption, in accordance with national legislation. 45 The Commission is
one of the most relevant anti-corruption initiatives implemented to date. It was an
international body with political, organizational and financial independence, composed of
judges, prosecutors and law enforcement officers from more than 20 countries. In the 12
years of its existence, it played a key role in the identification and prosecution of officials,
business owners and drug traffickers for corruption offences.
66.
The Special Rapporteur would also like to place on record his recognition of the
significant contribution of the Mission to Support the Fight against Corruption and
Impunity in Honduras, which not only focused on relevant cases involving public and
private corruption networks and achieved successful outcomes, but also made contributions
to reforming and strengthening institutions to prevent the scourge of corruption from
continuing to undermine the credibility of the authorities and the political system. The
Special Rapporteur condemns the decision taken in January 2020 not to renew the
Mission’s mandate.46
67.
Considerable progress has also been made in Europe in the fight against
international corruption. The European Union Agency for Criminal Justice Cooperation
(Eurojust) promotes and enhances the coordination of investigations and prosecutions, as
well as cooperation between authorities of the member States. The Agency’s usefulness has
been highlighted by prosecution services, particularly in connection with specific
knowledge required for the typical operation of cases investigated by prosecution services.
68.
The Agency’s tasks include assisting prosecutors and other investigators from the
European Union in cases of serious crime that might affect two or more member States or
that might be brought to trial as a result of operations conducted and information provided
by the authorities of member States, the European Union Agency for Law Enforcement
Cooperation (Europol), the European Public Prosecutor’s Office and the European Antifraud Office (OLAF).
69.
According to the European Parliament,47 the European Public Prosecutor’s Office is
expected to be operational at the end of 2020 or in early 2021. The Office will be
independent and take charge of the investigation, prosecution and administration of justice
in connection with offences against the budget of the European Union, including fraud,
corruption and cross-border value added tax (VAT) fraud above €10 million.48
B.
Judicial integrity and prevention of corruption in prosecution services
70.
Article 11 of the Convention is of particular importance, as it calls on States to take
measures to strengthen integrity and prevent corruption within the judiciary, without
prejudice to its independence. Furthermore, the Convention provides for States to take
measures to the same effect in those places where the prosecution service does not form
part of the judiciary but enjoys similar independence.
71.
Corruption or inaction has a general impact on the rule of law, as well as specific
effects on institutional entities such as prosecution services if their independence is
impaired and fundamental rights are weakened as a result. If decision-making by public
45
46
47
48
12
International Commission against Impunity in Guatemala, Final Report, El legado de la justicia en
Guatemala, 2019, available at https://www.cicig.org/wp-content/uploads/2019/08/Informe
LegadoJusticia_SI.pdf.
See https://www.oas.org/en/media_center/press_release.asp?sCodigo=E-003/20.
Regulation (EU) 2017/1939 of 12 October 2017 of the Council of the European Union implementing
enhanced cooperation on the establishment of the European Public Prosecutor’s Office entered into
force on 20 November 2017. The European Parliament adopted the draft Council regulation in its
legislative resolution of 5 October 2017.
European Parliament, thematic fact sheets on the European Union, Judicial cooperation in criminal
matters, 2019.
GE.20-04343
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents