Prosecutors play a crucial role in the administration of justice, which they must fulfil fairly, consistently and expeditiously in accordance with the law. International standards underscore that they must respect and protect human dignity and uphold human rights.{{1}}
Prosecutors perform an active role in criminal proceedings, including the institution of prosecution and, where authorized by law or consistent with local practice, in the investigation of crime, supervision over the legality of such investigations, supervision of the execution of court decisions and the exercise of other functions as representatives of the public interest. These functions shall be carried out separately from judicial functions.{{2}}
Every prosecutor must fulfil his or her professional duties in an independent, impartial and objective manner, without discrimination of any kind, and as essential agents of the criminal justice system, maintain the honour and duty of their profession.
Prosecutors may not initiate of continue prosecution if an impartial investigation shows the charge to be unfounded. Further, they must give due attention to the prosecution of crimes committed by public officials, in particular corruption, abuse of power, grave violations of human rights and other crimes recognized by international law. If prosecutors come into possession of evidence that they know or believe on reasonable grounds was obtained through recourse to unlawful methods that constitute a grave violation of the suspect’s human rights, they must refuse to use such evidence against anyone other than those who used such methods or inform the Court accordingly and take all necessary steps to ensure that those responsible are brought to justice.{{3}}
The prosecutorial services of South Sudan are established within the Ministry of Justice, in the form of a Directorate of Public Prosecution (DPP).{{4}} The Minister of Justice is the highest prosecuting authority, and as such is responsible for supervising the conduct of criminal cases and investigations and undertakes personally or through delegates the prosecution of cases before the statutory criminal courts.{{5}} The Minister of Justice is answerable to the President, the Council of Ministers and the Legislative Assembly for the performance of the Ministry.{{6}}
[[1]]1. UN Guidelines on the Role of Prosecutors, [expand title=”Guidelines 12-13.”]
12. Prosecutors shall, in accordance with the law, 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.
13. In the performance of their duties, prosecutors shall:
(a) Carry out their functions impartially and avoid all political, social, religious, racial, cultural, sexual or any other kind of discrimination;
(b) Protect the public interest, act with objectivity, take proper account of the position of the suspect and the victim, and pay attention to all relevant circumstances, irrespective of whether they are to the advantage or disadvantage of the suspect;
(c) Keep matters in their possession confidential, unless the performance of duty or the needs of justice require otherwise;
(d) Consider the views and concerns of victims when their personal interests are affected and ensure that victims are informed of their rights in accordance with the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
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[[2]]2. UN Guidelines on the Role of Prosecutors, [expand title=”Guideline 11.”]
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 of 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.
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[[3]]3. UN Guidelines on the Role of Prosecutors, [expand title=”Guidelines 14-16.”]
14. Prosecutors shall not initiate or continue prosecution, or shall make every effort to stay proceedings, when an impartial investigation shows the charge to be unfounded.
15. Prosecutors 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.
16. When prosecutors come into possession of 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, they shall 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.
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[[4]]4. Transitional Constitution, [expand title=”S. 136(1);”]
The Public Attorneys and Legal Advisors shall be under the National Ministry of Justice.
[/expand] Ministry of Legal Affairs and Constitutional Development Organization Act, [expand title=”S. 8(1).”]
Within the Ministry, there is hereby established a directorate to be known as the Directorate of Public Prosecution (hereinafter called the “DPP”).
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[[5]]5. Transitional Constitution, [expand title=”S. 136(2);”]
The Minister of Justice shall be the chief Legal Advisor and the prosecuting authority at all levels of government, and shall perform such other functions of legal nature as may be prescribed by law.
[/expand] Ministry of Legal Affairs and Constitutional Development Organization Act, [expand title=”S. 25(1) and 25(2)(g).”]
(1) The Minister shall be the chief legal advisor of the GoSS, he or she shall be the prosecuting authority at the levels of the GoSS and the States and may perform such other functions of legal character as may be prescribed by law.
(2) Without prejudice to the generality of subsection (1), above, and in addition to any functions that may be conferred upon the Minister by any other law, the Minister shall have the following functions—
…
(g) supervise the conduct of criminal cases, investigations therein and undertake prosecution before criminal courts;
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[[6]]6. Ministry of Legal Affairs and Constitutional Development Organization Act, [expand title=”S. 26(1).”]
The Minister shall be individually answerable to the President, the Southern Sudan Council of Ministers and the Southern Sudan Legislative Assembly for the performance of the Ministry.
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