Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers 5. International Law and the Independence of Prosecutors 5.1 Guidelines on the Role of Prosecutors, 1990 The need for strong, independent and impartial prosecutorial authorities for the effective maintenance of the rule of law and human rights standards has already been emphasized in this chapter. While the specific professional duties of prosecutors under international human rights law will be further dealt with whenever relevant in this Manual, the present section will limit itself to providing an overview of the contents of the Guidelines on the Role of Prosecutors, which were adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990 “to assist Member States in their tasks of securing and promoting the effectiveness, impartiality and fairness of prosecutors in criminal proceedings” (final preambular paragraph). This document provides 24 Guidelines covering the following questions: qualifications, selection and training; status and conditions of service; freedom of expression and association; role in criminal proceedings; discretionary functions; alternatives to prosecution; relations with other government agencies or institutions; disciplinary proceedings; and observance of the Guidelines. As noted in the fifth preambular paragraph of the Guidelines as read in conjunction with the second preambular paragraph, “prosecutors play a crucial role in the administration of justice, and rules concerning the performance of their important responsibilities should promote their respect and compliance with ... the principles of equality before the law, the presumption of innocence and the right to a fair and public hearing by an independent and impartial tribunal...” for the purpose of “contributing to fair and equitable criminal justice and the effective protection of citizens against crime”. 5.2 Professional qualifications Guidelines 1 and 2 provide respectively that “persons selected as prosecutors shall be individuals of integrity and ability, with appropriate training and qualifications”, and that States shall ensure that “selection criteria for prosecutors embody safeguards against appointments based on partiality or prejudice” on various stated grounds, “except that it shall not be considered discriminatory to require a candidate for prosecutorial office to be a national of the country concerned”. Further, according to Guideline 2(b), States shall ensure that “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”. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 147