The Importance of Independence in Fighting Corruption

Protecting Whistleblowers and Public Servants from Reprisals

As a continuation of our report on whistleblower protection laws and public servant duties to report corruption, it is essential to highlight the significance of independence within judiciary, prosecution, and law enforcement bodies. Professional and independent institutions are crucial in combating corruption.

The Need for Immunity from Reprisals

In order to effectively tackle corruption, agents of public institutions should be shielded from reprisals for decisions made as part of their mandate. This is similar to parliamentary immunity. The protection of these individuals is vital in creating a safe environment where they can work freely without fear of retaliation.

Recommendations from the Inter-American Commission on Human Rights

In 2017, the IACHR issued recommendations to Member States, emphasizing the importance of protecting justice operators and strengthening institutions to combat corruption:

• Protect Justice Operators: Safeguard the lives and personal integrity of individuals who work on cases related to corruption.
• Investigate Attacks on Justice Operators: Conduct thorough and independent investigations into attacks on justice operators working on corruption cases, and punish those responsible for such attacks effectively.
• Strengthen Institutions: Adopt measures to enhance the independence, impartiality, and autonomy of justice systems through rules governing selection criteria, predictable requirements, and procedures for participation. Transparency mechanisms should also be implemented in the selection and appointment processes for justice operators, including those of high courts.
• Guarantee Freedom of Expression and Association: Ensure that justice operators can exercise their freedom of expression and association without fear of reprisal or interference.

Conclusion

The recommendations from the IACHR emphasize the need to protect, investigate, and strengthen institutions to ensure that justice operators can work effectively on corruption cases. By prioritizing independence and immunity from reprisals, we can create a safer environment for those fighting against corruption.