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What are the key challenges to independent prosecution and how can we address them?


In a special session on the topic of prosecutors’ independence at the 7th meeting of the Law Enforcement Network of the ACN for Eastern Europe and Central Asia, OECD, hosted in Astana, Kazakhstan, December 19-21, 2016, the IAP discussed prosecutors’ independence and accountability with a particular emphasis on handling corruption cases in the region. IAPs General Counsel delivered a keynote address, including a global overview of recent challenges to the independence of institutional independence, an overview of the dominant legal and organisational models of independence and their limitations, and an analysis of the key accountabilities of prosecution services. Mr. Paul Silviu Dumitriu, Anti-Corruption Directorate, Romania, presented a very interesting analysis of the Romanian institutional framework and lessons in the recent decades.

The ensuing discussions with the many participants from more than 20 countries in the region  represented, showed a particular relevance to questions of the limits to prosecutorial councils, to the practical tools of resisting undue intervention and to individual prosecutors’ redress in the event of undue influence through the prosecutorial hierarchy.

These discussions are important elements in the IAPs efforts to unfold the IAP standards on independence and accountability and to advocate the principles in all regions of the world. The IAP and the OECD has agreed to continue this collaboration with a view to further substantial sessions on independence and accountability in the coming year. 

The meeting was also a great opportunity for the IAPs NACP to commence a collaboration with the ACN for Eastern Europe and Central Asia on matters of strengthening our networks and facilitating mutual assistance between the two.

Interested persons are welcome to contact the IAP General Counsel, Rasmus H. Wandall (gc@iap-association.org) for further information.