National Antimafia Bureau - Italy UNDP-POGAR National Workshop “Human Rights during Trial, Arrest and Imprisonment” Protecting and Safeguarding Human Rights. The rule Played by the Public Prosecutor by Dr. Fausto Zuccarelli, National Antimafia Prosecutor Deputy 11 March, 2008 Alexandria, Egypt

National Antimafia Bureau - Italy The Rule of Law One of the core principles for:  Lasting peace  Security  Democracy  Human rights  Sustained worldwide development  Economic progress Declaration of G8 Foreign Ministers on the Rule of Law (Postdam, 30 May 2007 )

National Antimafia Bureau - Italy “Peaceful and Sustained Globalisation” To achieve this goal, the following principles are of special importance:  The rule of law  Equality before the law  Answerability before the law  Legal security  Transparency  Equal access to justice  Independence of the judiciary  Avoiding arbitrariness of law  Preventing corruption

National Antimafia Bureau - Italy Main International Instruments on Human Rights  Universal Declaration of Human Rights (UDHR, 1948)  International Covenant on Civil and Political Rights (CCPR, 1966)  Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT, 1984)  European Convention for the Protection of Human Rights and Fundamental Freedoms (CEDU,1950)  Arabian Charter on Human Rights (ACHR, 1997)

National Antimafia Bureau - Italy Common Rules and Standards  The right to freedom  The right to be treated humanely  The right against torture or cruel, inhuman and degrading treatment  The right to medical care  The right to a counsel  The right to a fair trial  The right to be tried without undue delay

National Antimafia Bureau - Italy The rule of Public Prosecutor The rule of Public Prosecutor  To respect the law  To defence the rights of citizens  To represent and protect the interest of society  To investigate crimes  To guarantee the principle of equity  To establish the truth  To promote the principles of security and justice

National Antimafia Bureau - Italy The Italian Experience Main Constitutional rules Article 27 [Rights of the Accused] 1. Criminal responsibility is personal. 2. The defendant may not be considered guilty until sentenced. 3. Punishments may not contradict humanity and must aim at re-educating the convicted. 4. Death penalty is prohibited. Article 112 [Criminal Proceedings] The public prosecutor has the duty to initiate criminal proceedings. ….. to be continued

National Antimafia Bureau - Italy The Italian Experience Main Constitutional rules Article 101 [Administration of Justice] 1. The justice is administered in the name of the people. 2.Judges are only subject to the law. Article 104 [Independent Judiciary, Superior Council of the Judiciary] The judiciary constitutes an autonomous and independent branch of government not subject to any other. Article 107 [Disciplinary Action] 1.The members of the judiciary may not be removed from office. They may not be dismissed, suspended, or moved to other jurisdictions or functions except either by decision of the High Council of the Judiciary for reasons and with opportunity of defence as defined by the organisational law, or by their own consent. 2.……………… 3.Judges may only be distinguished by function. 4.The public prosecutor enjoys the guarantees defined by the organizational law.

National Antimafia Bureau - Italy Judicial Training  Training is increasingly perceived today as the something which a judge/prosecutor is entitled to receive from the state  Training is also a responsibility on the part of each judge/prosecutor  Training is closely bound up with the independence of the judiciary Definition: “Organised communication of technical, practical and ethical skills to supplement knowledge gained from the exercise of one’s own profession; such imparting of knowledge is carried out in an organised and systematic way using a programme in which the operator is pro-active.” (Italian High Council of Judiciary, 1994) That means that training is, above all else, teaching

National Antimafia Bureau - Italy Training Activities  Initial training  Permanent training  Specialised training  Open to all judges and public prosecutors who desire to improve their professional skills  Compulsory attendance of training activities for young judges/prosecutors as well as for judges/prosecutors who change their functions  Specific financial resources for training activities

For further information: Dr Fausto Zuccarelli Tel fax National Antimafia Bureau - Italy Thanks for your attention