Prosecutors must carry out their functions fairly and effectively, in an independent, impartial and objective manner, without discrimination of any kind.[1]
They must maintain the honour and duty of their profession, and must respect and protect human dignity and uphold human rights.[2]
To these ends, prosecutors must among other things: inform, and consider the views of, victims; not initiate or continue an unfounded prosecution; refuse to use evidence obtained in violation of human rights, and take steps to bring those responsible for the violation to justice; give due attention to crimes committed by public officials (including corruption, abuse of power, violations of human rights and crimes under international law).[3]
States must ensure that prosecutors are able to perform their professional functions without intimidation, hindrance, harassment, improper interference or unjustified exposure to civil, penal or other liability.[4]
The authorities must physically protect prosecutors and their families when their personal safety is threatened as a result of discharging their prosecutorial functions.[5]
The office of prosecutors must be strictly separated from judicial functions.[6]
Under Honduran law, Public Prosecutors are to represent the State and to ensure the proper, efficient and transparent administration of justice. Prosecutors lead and manage the investigation in criminal cases.
While the ICJ has not conducted detailed research on the extent of the implementation of international standards on Prosecutors in Honduras, it notes with concern a number of issues raised in the report of the UN Special Rapporteur on human rights defenders following her visit to the country in February 2012, in particular:
The ability of the Office of the Public Prosecutor to undertake effective and impartial criminal investigations is seriously undermined by the alleged participation and collusion of police force members in committing crimes, including serious violations of human rights. The Special Rapporteur received information from various sources indicating that police agents, including at the senior levels, had impeded and obstructed investigations. She was also informed that the Human Rights Unit of the Office of the Public Prosecutor was affected by political interference and lack of resources, and that its staff had received death threats. The protection measures available to witnesses and victims are extremely limited.[7]
And that:
… lawyers, prosecutors and judges who act as human rights defenders had been subjected to death threats or even murdered. Those working on cases of impunity for human rights violations or investigating corruption had been particularly targeted.
… prosecutors, particularly those working on human rights and environmental issues, had received death threats and that their situation had become especially precarious. Furthermore, prosecutors and judges working on cases in which the police had been involved in crimes were under political pressure from high-ranking authorities, including from within the office of the General Prosecutor.[8]
The National Congress recently amended the Criminal Code to raise the minimum and maximum penalties for homicide or murder when committed against specified persons including judges, prosecutors, public defenders, or other “Operadores de Justicia” (which should be interpreted to include lawyers) involved in the “al Combate de la Criminalidad” (the “fight against crime”).[9]
- 1. UN Guidelines on the Role of Prosecutors, ”GuidelineInternational Association of Prosecutors, Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, Articles 1, 2, 3 and 4.1; UN Special Rapporteur on the independence of judges and lawyers, Report to the Human Rights Council, UN Doc. A/HRC/20/19 (7 June 2012), paras. 24-28, 98-99, 110, and 119.↵
12. Prosecutors shall, in accordance with the law, perform their duties fairly, consistently and expeditiously, and respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system.
13. In the performance of their duties, prosecutors shall:
( a ) Carry out their functions impartially and avoid all political, social, religious, racial, cultural, sexual or any other kind of discrimination;
( b ) 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;
( c ) Keep matters in their possession confidential, unless the performance of duty or the needs of justice require otherwise;
( d ) 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 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.
- 2. UN Guidelines on the Role of Prosecutors, ”GuidelineInternational Association of Prosecutors, Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, Articles 1, 3(a) and 4.3 (c), (f) and (g).↵
3. Prosecutors, as essential agents of the administration of justice, shall at all times maintain the honour and dignity of their profession.
…
12. Prosecutors shall, in accordance with the law, perform their duties fairly, consistently and expeditiously, and respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system.
…
14. 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.
15. 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.
16. 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 shall refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice.
- 3. UN Guidelines on the Role of Prosecutors, Guidelines 13(d), 14, 15, and 16.International Association of Prosecutors, Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, Article 4.3. See also UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by General Assembly resolution 40/34 (29 November 1985).↵
13. In the performance of their duties, prosecutors shall: … ( d ) 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 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.
14. 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.
15. 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.
16. 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 shall refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice.
- 4. UN Guidelines on the Role of Prosecutors, Guideline 4;International Association of Prosecutors, Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, Article 6.↵
States shall ensure that prosecutors are able to perform their professional functions without intimidation, hindrance, harassment, improper interference or unjustified exposure to civil, penal or other liability.
- 5. UN Guidelines on the Role of Prosecutors, Guideline 5;International Association of Prosecutors, Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, Article 6(b).↵
Prosecutors and their families shall be physically protected by the authorities when their personal safety is threatened as a result of the discharge of prosecutorial functions.
- 6. UN Guidelines on the Role of Prosecutors, Guideline 10.↵
The office of prosecutors shall be strictly separated from judicial functions.
- 7. UN Special Rapporteur on the situation of human rights defenders, Report to the Human Rights Council on a mission to Honduras, UN Doc. A/HRC/22/47/Add.1 (13 December 2012), para. 46.↵
- 8. UN Special Rapporteur on the situation of human rights defenders, Report to the Human Rights Council on a mission to Honduras, UN Doc. A/HRC/22/47/Add.1 (13 December 2012), paras 92-93. See also paras. 100 and 139.↵
- 9. Decree No. 100-2014, La Gaceta, 23 October 2014, num. 33,562.↵
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