Persons selected as prosecutors must be individuals of integrity and ability, with appropriate training and qualifications. [165] Accordingly, States must ensure that selection criteria embody safeguards against appointments based on partiality or prejudice, and that prosecutors have appropriate education and training.[166]
Promotion of prosecutors must be based on objective factors and decided upon in accordance with fair and impartial procedures.[167]
Prosecutors must enjoy “reasonable conditions of service … adequate remuneration and, where applicable, tenure, pension and age of retirement shall be set out by law or published rules or regulations”. [168] They must “at all times maintain the honour and dignity of the profession”.[169]
The Attorney General must be a citizen born to two citizen parents, and be over forty-five years old.[170] The Attorney General must either possess specified, extensive legal experience or be considered an “eminent jurist” by the President.[171] Once nominated by thePresident, Parliament can only reject the Attorney General if “it can clearly be proved that the person concerned does not meet the qualification”.[172]
The President may direct the Attorney General to resign “if he cannot discharge his duties efficiently”.[173] If there is a need to impeach the Attorney General, the same procedure for the impeachment of a Union minister is applied.[174] The possible grounds for impeachment are the same as those for Supreme and High Court judges.
Little information is available about the day-to-day operations of prosecutors in Myanmar. The AG Act does not include provisions relating to the promotion, discipline, or training of prosecutors.
- 165. UN Guidelines on the Role of Prosecutors, [expand title=”Guideline 1.”]Persons selected as prosecutors shall be individuals of integrity and ability, with appropriate training and qualifications.[/expand]↵
- 166. UN Guidelines on the Role of Prosecutors, [expand title=”Guideline 2.”]States shall ensure that:
(a) Selection criteria for prosecutors embody safeguards against appointments based on partiality or prejudice, excluding any discrimination against a person on the grounds of race, colour, sex, language, religion, political or other opinion, national, social or ethnic origin, property, birth, economic or other status, except that it shall not be considered discriminatory to require a candidate for prosecutorial office to be a national of the country concerned;
(b) 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.[/expand]↵
- 167. UN Guidelines on the Role of Prosecutors, [expand title=”Guideline 7;”]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.[/expand] International Association of Prosecutors Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, [expand title=”Article 6(e).”]In order to ensure that prosecutors are able to carry out their professional responsibilities independently and in accordance with these standards, prosecutors should be protected against arbitrary action by governments. In general they should be entitled :… (e) to recruitment and promotion based on objective factors, and in particular professional qualifications, ability, integrity, performance and experience, and decided upon in accordance with fair and impartial procedures;[/expand]↵
- 168. UN Guidelines on the Role of Prosecutors, [expand title=”Guideline 6;”]Reasonable conditions of service of prosecutors, adequate remuneration and, where applicable, tenure, pension and age of retirement shall be set out by law or published rules or regulations.[/expand] International Association of Prosecutors, Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, [expand title=”Article 6(c)-(d).”]
In order to ensure that prosecutors are able to carry out their professional responsibilities independently and in accordance with these standards, prosecutors should be protected against arbitrary action by governments. In general they should be entitled :…
(c) to reasonable conditions of service and adequate remuneration, commensurate with the crucial role performed by them and not to have their salaries or other benefits arbitrarily diminished;
(d) to reasonable and regulated tenure, pension and age of retirement subject to conditions of employment or election in particular cases; [/expand]↵
- 169. UN Guidelines on the Role of Prosecutors, [expand title=”Guideline 3;”]Prosecutors, as essential agents of the administration of justice, shall at all times maintain the honour and dignity of their profession.[/expand] International Association of Prosecutors, Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, [expand title=”Article 1(a).”]Prosecutors shall: (a) at all times maintain the honour and dignity of their profession;[/expand]↵
- 170. AG Law, [expand title=”S. 10.”]The Attorney-General of the Union shall fulfil the following qualifications: (a) person who has attained 45 years of age; (b) person who fulfils the qualifications, of the Pyithu Hluttaw representatives mentioned in section 120 of the Constitution with the exception of the age limit; (c) person who has not infringed the provisions in section 121 of the Constitution, which disqualify a person from standing for election as Pyithu Hluttaw representatives; (d) (i) person who has served as a Judge of the High Court of the Region or State for a minimum of five years; or (ii) person who has served as a judicial officer or law officer not lower than that of the Region or State level for a minimum of 10 years; or (iii) person who has practised as an advocate for a minimum of 20 years; or (iv) person who is, in the opinion of the President, an eminent jurist; ( e) person who is loyal to the Union and its citizens.[/expand]↵
- 171. AG Law, [expand title=”S. 10.”]The Attorney-General of the Union shall fulfil the following qualifications: (a) person who has attained 45 years of age; (b) person who fulfils the qualifications, of the Pyithu Hluttaw representatives mentioned in section 120 of the Constitution with the exception of the age limit; (c) person who has not infringed the provisions in section 121 of the Constitution, which disqualify a person from standing for election as Pyithu Hluttaw representatives; (d) (i) person who has served as a Judge of the High Court of the Region or State for a minimum of five years; or (ii) person who has served as a judicial officer or law officer not lower than that of the Region or State level for a minimum of 10 years; or (iii) person who has practised as an advocate for a minimum of 20 years; or (iv) person who is, in the opinion of the President, an eminent jurist; ( e) person who is loyal to the Union and its citizens.[/expand]↵
- 172. Constitution, [expand title=”S. 237(a)-(b);”]
(a) The President, with the approval of the Pyidaungsu Hluttaw, shall appoint a person, from among Hluttaw representatives or persons who are not Hluttaw representatives having the following qualifications as the Attorney-General of the Union to obtain legal advice and assign duties on legal matters:
(i) person who has attained the age of 45 years;
(ii) person who has qualifications, with the exception of age limit, entitled to be elected as Pyithu Hluttaw representatives prescribed in Section 120;
(iii) person whose qualification does not breach the provisions under Section 121 which disqualify a person from standing for election as the Pyithu Hluttaw representatives;
(iv)
(aa) person who has served as a Judge of the Region or State High Court for at least five years; or
(bb) person who has served as a judicial officer or law officer for at least 10 years not lower than that of the Region or State Level;
(cc) person who has practised as an advocate for at least 20 years;
(dd) person who is, in the opinion of the President, as an eminent jurist;
(v) person who is loyal to the Union and its citizens.
(b) The appointment of a person as the Attorney-General of the Union by the President shall not be refused by the Pyidaungsu Hluttaw unless it can clearly be proved that the person concerned does not meet the qualification of the Attorney-General of the Union.
[/expand] AG Law, [expand title=”S. 5.”]The President shall, with the approval of the Pyidaungsu Hluttaw, appoint a person from among Hluttaw Representatives or from among those who are not the Hluttaw Representatives who fulfil the qualifications contained in sub-section (a) of section 237 of the Constitution and section I 0 of this Law as the Attorney-General of the Union to obtain legal advice and assign duties on legal matters.[/expand]↵
- 173. AG Law [expand title=”S. 18;”]The President may direct the Attorney-General of the Union or the Deputy Attorney-General to resign if he cannot discharge his duties efficiently. If the directive of thePresident is not complied with, he shall be terminated from duties.[/expand] Constitution, [expand title=”S. 240.”]
(a) The term of the Attorney-General of the Union and the Deputy Attorney-General is normally the same as that of the President.
(b) The Attorney-General of the Union or the Deputy Attorney-General may resign from office on his own volition due to a certain reason before expiry of the term of office, after submitting his written resignation to the President.
(c) The President may direct to resign the Attorney-General of the Union or the Deputy Attorney-General who cannot discharge his duties efficiently. If either of them fails to comply, he shall be terminated from his duties.
(d) If the office of the Attorney-General of the Union or the Deputy Attorney-General becomes vacant due to resignation, removal from office, death or any other reason, the President shall have the right to appoint and assign duties to a new Attorney-General of the Union or the Deputy Attorney-General in accord with the provisions of the Constitution relating to the appointment of the Attorney-General of the Union or the Deputy Attorney-General. The term of the newly appointed Attorney-General of the Union or the Deputy Attorney-General shall be the same as the remaining term of office of the President.
(e)
(i) When the President before the expiry of his term in office, has appointed the Attorney-General of the Union and the Deputy Attorney-General, and the President’s office is vacant due to resignation or death or any other reason, the Attorney-General of the Union or the Deputy Attorney-General may be continued to be assigned or shall continue to perform their duties until the new elected President has appointed and assigned duties to the new Attorney-General of the Union or the Deputy Attorney-General in accord with the provisions of the Constitution .
(ii) The term of the new appointed Attorney-General of the Union and the Deputy Attorney-General shall be up to the expiry of the remaining term of the new President.
(f) Duties, powers and rights of the Attorney-General of the Union and the Deputy Attorney-General shall be prescribed by law.
[/expand]↵
- 174. Constitution, [expand title=”S. 238″]If there is a need to impeach the Attorney General of the Union, the same procedure for the impeachment of the Union Minister under Section 233 shall be applied.[/expand] jo. [expand title=”233.”]
(a) Any Union Minister may be impeached on any of the following reasons:
(i) high treason;
(ii) breach of any provision of the Constitution;
(iii) misconduct;
(iv) disqualification of qualification of the Union Minister prescribed in the Constitution;
(v) inefficient discharge of duties assigned by law.
(b) If there is a need to impeach any Union Minister, the same procedure for the impeachment of the President or Vice-President under Section 71 shall be applied.
(c) The President shall remove the impeached Union Minister from office when the Hluttaw that had made an investigation had resolved and submitted to the President that the charge has been substantiated and the Union Minister is unfit to continue in office.
(d) If the Hluttaw concerned resolves that the charge has failed, the Speaker of the Hluttaw shall report the resolution to the President.
[/expand]↵
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