DOC/OS(XXX)247
Page 6
F. ROLE OF PROSECUTORS:
a) States shall ensure that:
(i) Prosecutors have appropriate education and training and should be made aware of the
ideals and ethical duties of their office, of the constitutional and statutory protections for
the rights of the suspect and the victim, and of human rights and fundamental freedoms
recognized by national and international law, including the Charter.
(ii) Prosecutors are able to perform their professional functions without intimidation,
hindrance, harassment, improper interference or unjustified exposure to civil, penal or
other liability.
b) Reasonable conditions of service of prosecutors, adequate remuneration and, where
applicable, tenure, housing, transport, conditions of physical and social security, pension and
age of retirement and other conditions of service shall be set out by law or published rules or
regulations.
c) Promotion of prosecutors, wherever such a system exists, shall be based on objective factors,
in particular professional qualifications, ability, integrity and experience, and decided upon in
accordance with fair and impartial procedures.
d) Prosecutors like other citizens are entitled to freedom of expression, belief, association and
assembly. In exercising these rights, prosecutors shall always conduct themselves in
accordance with the law and the recognized standards and ethics of their profession.
e) Prosecutors shall be free to form and join professional associations or other organizations to
represent their interests, to promote their professional training and to protect their status.
f) The office of prosecutors shall be strictly separated from judicial functions.
g) Prosecutors shall perform an active role in criminal proceedings, including institution of
prosecution and, where authorized by law or consistent with local practice, in the
investigation of crime, supervision over the legality of these investigations, supervision of the
execution of decisions of judicial bodies and the exercise of other functions as representatives
of the public interest.
h) Prosecutors shall, in accordance with the law, perform their duties fairly, consistently and
expeditiously, and respect and protect dignity and uphold human rights, thus contributing to
ensuring due process and the smooth functioning of the criminal justice system.
i) In the performance of their duties, prosecutors shall:
(i) carry out their functions impartially and avoid all political, social, racial, ethnic, religious,
cultural, sexual, gender or any other kind of discrimination;
(ii) protect the public interest, act with objectivity, take proper account of the position of the
suspect and the victim, and pay attention to all relevant circumstances, irrespective of
whether they are to the advantage or disadvantage of the suspect;
(iii) keep matters in their possession confidential, unless the performance of duty or needs of
justice require otherwise;
(iv) consider the views and concerns of victims when their personal interests are affected and
ensure that victims are informed of their rights in accordance with the provisions below
relating to victims.
j) Prosecutors shall not initiate or continue prosecution, or shall make every effort to stay
proceedings, when an impartial investigation shows the charge to be unfounded.
k) Prosecutors shall give due attention to the prosecution of crimes committed by public
officials, particularly corruption, abuse of power, grave violations of human rights and other
crimes recognized by international law and, where authorized by law or consistent with local
practice, the investigation of such offences.
l) When prosecutors come into possession of evidence against suspects that they know or
believe on reasonable grounds was obtained through recourse to unlawful methods, which
constitute a grave violation of the suspect’s human rights, especially involving torture or
cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they