(The Human Rights Correspondence School of the Asian Human Rights Commission [AHRC] can be found on the internet at www.hrschool.org.)

Lesson Series 42: Rule of Law: The Role of the Prosecution in Human Rights Implementation

A pillar of any legal system and upholding the rule of law is the prosecution mechanism that is responsible for ensuring that due process is followed and that justice is the outcome of the legal process. This lesson, the third in a four-part series on the rule of law, examines the deficiencies commonly found in Asia's prosecution systems that obstruct this mechanism from working properly and from protecting people's rights, such as the weak or non-existent oversight of investigations, delays in indictments and court hearings and the politicisation of appointments of prosecutors that can frequently lead to an abuse of power. The lesson also points out the impact that the lack of witness protection programmes have on prosecutions.

Based on the U.N. Guidelines on the Role of Prosecutors and Article 14 of the International Covenant on Civil and Political Rights (ICCPR), the second part of the lesson describes the proper role of prosecution mechanisms, especially their function to maintain the rule of law and uphold fair trials.

As in other lessons, examples from throughout the region are provided to illustrate the material in the lesson, and a list of questions are provided to stimulate thinking and discussion.