
This side event at the 9th Conference of the States Parties to the UN Convention Against Corruption (#CoSP9) focused on how to protect anti-corruption prosecutors – and their vital role in the fight against financial crime – from threats, undue influence and abusive defence strategies.
The session gives a voice to these front-line defenders of UNCAC and discusses measures that different stakeholders must take to protect prosecutors, and by extension protect the Convention.
It was organised by Norway and the Basel Institute on Governance on behalf of the Corruption Hunter Network.
Gretta Fenner, Managing Director of the Basel Institute on Governance, moderated a panel of experts from across the globe:
- Gary Balch, General Counsel, International Association of Prosecutors
- Greysa Barrientos Núñez, Senior Public Prosecutor, Costa Rica
- Hermione Cronje, Head, Investigating Directorate, National Prosecuting Authority, Pretoria, South Africa
- Simon Taylor, Director and Co-Founder, Global Witness
Norwegian State Secretary Astrid Bergmål of the Ministry of Justice and Public Security made opening remarks.
More about the event:
More on the Corruption Hunter Network:
Key takeaways:
The event explores how lawfare – law used as a weapon – is targeting anti-corruption prosecutors and undermining their vital role in the fight against corruption.
The panel gave examples of how defence lawyers use strategies like bribery, intimidation and filing baseless claims to distract and exhaust prosecutors. Prosecutors have even been driven into exile.
It is bad enough that these dirty tricks delay, derail or otherwise manipulate criminal proceedings in corruption trials. In some cases they have weakened entire criminal justice systems, undermining democracy and the rule of law.
In this lawfare, there is a huge "inequality of arms" between the lawyers of rich defendants (rich because they have stolen) and under-resourced, over-stretched public prosecution services. And while we give defendants due process, there appear to be no effective legal or other means to protect investigators and prosecutors – including physically.
The Corruption Hunter Network, International Association of Prosecutors and others are at the forefront of efforts to protect and support prosecutors from attack. But more protection – including domestic laws and regional or international redress mechanisms – is urgently needed.
source
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