The United Nations Special Rapporteur on Independence of Judges and Lawyers, Mr. Diego García-Sayán will address contemporary challenges of prosecutorial independence in his annual report to be presented before the Human Rights Council in 2020.

The purpose of this report is to analyze how the independence of prosecutorial offices might be at risk, particularly when prosecutors handle cases on transnational corruption and transnational organized crime. It is important to mention that any views expressed will be those of the individual organizational members and will not represent the collective view of the IAP.

Please send your contribution by December 15th at the latest to the following email address: [email protected]

 

  1. Please describe the most compelling challenges of the Attorney General Office in your country in relation to the issue of transnational corruption and transnational organized crime.
  2. Please describe the experience of your prosecutorial office in handling cases on transnational corruption and transnational organized crime. Please indicate what challenges your institution has in the following areas:
    1. Organizational;
    2. legal/statutory, and;
    3. individual challenges.

Please provide specific cases or examples of those challenges.

  1. Please indicate, in detail, current institutional measures that have led to positive outcomes during the investigation and prosecution of transnational corruption and transnational organized crime cases in your country. Please mention landmark cases with successful results in both scenarios. What kind of strategies or measures led to such positive outcomes?
  2. Please indicate if your country has used, promoted or benefiting of the existing international cooperation mechanisms established in the UN Conventions to investigate and prosecute cases on transnational corruption and transnational organized crime with other nations. If so, how effective has been this cooperation among prosecutors and/or judges of other nations? What additional measures must be implemented to strengthen and improve institutional bonds with other nations?
  3. Please specify what (a) constitutional, (b) statutory and (c) institutional conditions and safeguards are required to ensure an independent function of the prosecution service in your country? What additional measures could be adopted or implemented in your country to ensure the independence of the Attorney General Office in your country and why? What current provisions and procedures effectively ensure the independence of public prosecutors in your country and why?
  4. Based on Article 11 of the UN Convention against Corruption, how does your country ensure respect of the principle of integrity in the work of your prosecutorial office? Please describe in detail what kind of measures has your country adopted to prevent external influence from transnational corporations or transnational organized crime members over the work of public prosecutors. Please describe if your country has adopted codes of conduct or committees of ethics or similar bodies to ensure integrity within the Office of the Attorney General of your jurisdiction.

Sincerely,

 

Diego García-Sayán

 

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