Experts discuss strengthening functional independence of prosecutors in Eastern Europe at ODIHR meeting in Warsaw

The functional independence of prosecutors in Eastern Europe was the topic of an expert meeting organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) in Warsaw on 2 and 3 July 2018.

Sixteen participants (8 women and 8 men) – prosecutors, lawyers, and representatives of the judiciary, civil society, academia and international organizations – exchanged regional good practices and discussed the findings of a needs assessment study carried out by ODIHR between March and June 2018.

The objective of the study was to evaluate how the functional independence of prosecutors is ensured when investigating criminal cases, including high-profile cases, in OSCE participating States such as Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine.

“Prosecutors should play a central role in fighting corruption and in securing investigations free from external pressure or interference,” said Marcin Walecki, Head of the ODIHR Democratization Department.

James Hamilton, a rule of law expert and former Director of Public Prosecutions of Ireland, said: “Legal and practical mechanisms should exist in every state to guarantee that prosecutors can initiate and prosecute criminal cases without improper interference.”

The outcomes of the expert meeting will inform a final report with recommendations based on the needs assessment study, which will be published by the end of 2018.

The meeting was part of the project, Strengthening the independence of prosecutors in Eastern Partnership countries, which is funded by the Nordic Council of Ministers and implemented by ODIHR. It followed a study visit by prosecutors from the project countries to Norway in May 2018, which focused on exploring the conditions that need to be in place to allow prosecutors to carry out their work without undue interference.