vulnerable to pressures of different sectors, mainly from those who have the power to decide on their
dismissals.
68.
By virtue of the foregoing, the Commission reiterates that the States shall insure that all the
people exerting judicial function have strengthened stability safeguards. Moreover, except for the commission
on serious disciplinary offenses, the stability in the role shall be respected by the established term or condition
in the appointment, without distinction between professional judges and those who are in the judicial function
in a temporary or provisory way. The eventual temporariness or provisionality shall be established by a specific
term or condition of the judgeship’s exercise, so as to insure that these judges will not be dismissed due to the
judgments they deliver or by virtue of the arbitrary decisions of administrative or judicial bodies.
1.2
General consideration on prosecutors’ strengthened stability
69.
The Commission estimates that the judges’ strengthened stability principle is also applicable to
prosecutors, since they have a supplementary role to the judge regarding justice administration, as they promote
criminal proceedings, investigate crimes, and fulfill other public interest functions. In the absence of sufficient
safeguards, this can favor their receiving internal and external pressures because of the decisions they take.66
70.
Regarding the United Nations Guidelines on the Role of Prosecutors, they establish that “the States
will insure that prosecutors are able to fulfill their professional functions, without their being the victims of
intimidation, restrictions, harassment, wrongful interference or unjustified risk of falling into civil, criminal, or another
kind of responsibility.”67
71.
Likewise, the Bordeaux Declaration on judges and prosecutors in a democratic society
establishes that:
The Public Ministry’s independence constitutes an essential corollary to the judicial branch’s
independence (...) The Public Ministry’s independence is essential for the accomplishment of
its mission (...) Along the lines of the judges’ independence, the independence that has to be
acknowledged to the public ministry does not constitute a prerogative or privilege granted in
the interest of its members but a safeguard for a fair, impartial, and effective justice that
protects public and private interests of the people affected.
(...) the proximity and complementarity of the judges and prosecutors’ mission impose similar
requests and safeguards in the statute area and the working conditions, particularly with regard to
initial selection, education, career development, discipline, transferring, remuneration, termination
of functions, and freedom to create professional associations.68
72.
Moreover, the Consultative Council of European Prosecutors of the Council of Europe
indicated in its Opinion No. 9 that:
The independence and autonomy of the public prosecutor's office constitute an essential
corollary to the judicial branch’s independence. Therefore, it is important to promote the
general tendency for improving independence and effective autonomy of the public
prosecutor's office’s services (...)
Prosecutors shall be autonomous regarding the adoption of decisions and shall carry out their
functions without experiencing external pressures or interference, taking into account the
principles of separation of powers and responsibility.69
See for example, IACHR, Integral protection policies for defenders, OEA/Ser.L/V/II.Doc.207/17, December 29, 2017, para. 47.
United Nations. Guidelines on the Role of Prosecutors. Approved by the Eighth Conference of the United Nations on Prevention of Crime
and the Treatment of Offenders, held in Havana (Cuba) from August 27 to September 7, 1990.
68 Consultative Council of European Judges and Consultative Council of European Prosecutors. Bordeaux Declaration on judges and
prosecutors in a democratic society, Strasbourg, December 8, 2009, para. 10, 27, and 37.
69 Consultative Council of European Prosecutors, Opinion No. 9 (2014), Rome Charter, paragraphs IV and V.
66
67
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