FEATURE ARTICLE -
Issue 62 Articles, Issue 62: June 2013
The IAP — What it is, why it matters and how to become involved.
In order to ensure increasing international recognition the IAP has established a close working relationship with a number of key international organisations. These include the Commonwealth Secretariat, the Council of Europe, the World Bank and the UNODC among many others. It can legitimately describe itself as the worldwide voice of Prosecutors (as to their standards and values). The IAP is the privileged partner for enhancing the efficiency and effectiveness of the Criminal Justice System through respect for human rights and the Rule of Law.
The core objects of the Association are to set and raise standards of professional conduct and ethics for prosecutors worldwide and to improve international cooperation in combating crime while promoting the Rule of Law, fairness, impartiality and respect for human rights. While these values are almost taken for granted in Australia, the IAP is doing a great deal of work to enlighten authorities where such concepts are not de rigueur.
At this point in time, the IAP organises training workshops for prosecutors, facilitates access to technology for prosecutors in less developed countries, collaborates with international organisations and provides access to a database of prosecutorial agencies from all jurisdictions.
The isolation that we enjoy in Australia can often make us somewhat laissez faire about what is happening in the rest of the world. We may not realise it, but the security we feel in this country is a result of an ingrained belief in, and respect of, the Rule of Law. What sets us apart from many countries is that power is not concentrated in one aspect of government but rather is spread across the legislature, the executive and the judiciary. And to ensure that the executive branch is kept honest, there is the independence of the “prosecutor”.
The term “the prosecutor” can have many different meanings in countries that observe the Rule of Law but in our society, the prosecutor is best described as the lawyers in the various offices of the Directors of Public Prosecutions around the country or the lawyers employed in the crime fighting bodies such as ACC, ICAC, CMC or CCC. The prosecutor should rightly be seen as the vanguard of human rights.
The IAP has special consultative status with the United Nations and works closely with UNODC. Currently, a reference manual for prosecutors is being drafted as a joint project by the IAP and UNODC. This manual will hopefully be launched at the next Annual Conference of the IAP in September. This manual will be a handbook for prosecutors highlighting the standards expected of this arm of the legal profession.
But this is not an easy battle. Currently we have the Ukrainian Association of Prosecutors under threat from their own government to the point of the government terminating the employment of any prosecutor belonging to that association. In Brazil, the parliament is looking at an amendment to the constitution that would remove the investigative power of the independent prosecutors and giving that power to the police who are answerable to the government – in effect ending independent investigations. Even in the United States, a District Attorney and his wife were murdered in their house over Easter because of a matter he was prosecuting.
Add to that the struggles of prosecutors in former war torn countries as they try and re-establish the Rule of Law. The IAP supports prosecutors in the former Yugoslavia, Libya, Afghanistan and many other countries in similar difficulties. It isn’t always glamorous work but it is absolutely essential.
Whilst the IAP is mainly an organisation for prosecutors, it has many “friends of the IAP” that include judges, defence lawyers, academics and diplomats. The easiest way to become involved is to attend one of our conferences. Our Annual and Regional Conferences are not only educational but are tremendous opportunities to network amongst international peers.
Our next Annual Conference is in Moscow from 8-12 September 2013 and it promises to be enlightening. As an illustration of the prestige of this conference, the Russian government is issuing a postage stamp to mark the occasion. It is understood that President Vladimir Putin will be opening the conference.
Former New York District Attorney Robert Morgenthau will receive the IAP Medal of Honour at the conference and the symbolism of an American prosecutor receiving an international award at a conference held in Russia will escape the notice of very few. There also promises to be some lively discussion about human rights issues.
The accommodation costs are to be heavily subsidised by the Russian government and this will be a wonderful opportunity to see Moscow while earning CPD points.
Information on the conference can be found at the IAP website ( www.iap-association.org )
Sal Vasta
Vice-President
International Association of Prosecutors