Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers Like judges, prosecutors cannot act according to their own preferences but are duty-bound to act “in accordance with the law” and to “perform their duties fairly, consistently and expeditiously, and respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system” (Guideline 12). In performing their duties, prosecutors shall, inter alia, “carry out their functions impartially and avoid all political, social, religious, racial, cultural, sexual or any other kind of discrimination”, and “shall give due attention to the prosecution of crimes committed by public officials, particularly corruption, abuse of power, grave violations of human rights and other crimes recognized by international law and, where authorized by law or consistent with local practice, the investigation of such offences” (Guideline 15). Prosecutors have a special obligation with regard to “evidence against suspects that they know or believe on reasonable grounds was obtained through recourse to unlawful methods, which constitute a grave violation of the suspect’s human rights, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights”. In situations of this kind they shall either “refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice” (Guideline 16). The Human Rights Committee expressed concern with regard to France “at existing procedures of investigation against the police for human rights abuses” and also “at the failure or inertia of prosecutors in applying the law to investigating human rights violations where law enforcement officers are concerned and at the delays and unreasonably lengthy proceedings in investigation and prosecution of alleged human rights violations involving law enforcement officers”. It therefore recommended that the State party “take appropriate measures fully to guarantee that all investigations and prosecutions are undertaken in full compliance with” the provisions of articles 2(3), 9 and 14 of the Covenant.135 5.6 Alternatives to prosecution The Guidelines concerning alternatives to prosecution, in particular in cases where the prosecutors are dealing with juveniles (Guidelines 18 and 19) will be dealt with in Chapter 10 concerning The Rights of the Child in the Administration of Justice. 135 UN doc. GAOR, A/52/40 (vol. I), para. 402. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 149