Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers 5.3 Status and conditions of service While prosecutors, “as essential agents of the administration of justice, shall at all times maintain the honour and dignity of their profession” (Guideline 3), States shall, for their part, “ensure that prosecutors are able to perform their professional functions without intimidation, hindrance, harassment, improper interference or unjustified exposure to civil, penal or other liability” (Guideline 4). Furthermore, “prosecutors and their families shall be physically protected by the authorities when their personal safety is threatened as a result of the discharge of prosecutorial functions” (Guideline 5). The law or published regulations shall, inter alia, set out “reasonable conditions of service of prosecutors, adequate remuneration”, and, wherever a system of promotion exists, it “shall be based on objective factors, in particular professional qualifications, ability, integrity and experience, and decided upon in accordance with fair and impartial procedures” (Guidelines 6 and 7). It is noteworthy that, unlike these Guidelines, the Basic Principles on the Independence of the Judiciary contain no specific provision concerning the duty of States to protect judges’ personal safety when necessary. 5.4 Freedom of expression and association “Prosecutors like other citizens are entitled to freedom of expression, belief, association and assembly”, and they have, in particular, “the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national and international organizations and attend their meetings, without suffering professional disadvantage by reason of their lawful action or their membership in a lawful organization.” However, “in exercising these rights, prosecutors shall always conduct themselves in accordance with the law and the recognized standards and ethics of their profession” (Guideline 8). 5.5 The role in criminal proceedings As to its role in criminal proceedings, “the office of prosecutors shall be strictly separated from judicial functions” (Guideline 10). Furthermore, prosecutors “shall perform an active role in criminal proceedings, including institution of prosecution and, where authorized by law or consistent with local practice, in the investigation or crime, supervision over the legality of these investigations, supervision of the execution of court decisions and the exercise of other functions as representatives of the public interest” (Guideline 11). 148 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers