and actually requiring a set number of convictions or penalizing prosecutors for
acquittals.
77. The use of quantitative indicators for prosecutors was also discussed at the
2018 Expert Forum on Criminal Justice for Central Asia, co-organized by ODIHR,
OHCHR, UNODC and OSCE field operations. Experts advocated for a shift away
from quantitative to more qualitative performance indicators:
“Quantity may be a useful indicator prompting further enquiries into the work
of a prosecutor, for example, if there is significant divergence of conviction
rates amongst different prosecutors in similar types of cases. However, it was
pointed out that even in these cases, there may be a reasonable explanation
[...] Referring to international good practice, it was therefore recommended
to include qualitative indicators of performance focusing on professional
(e.g. ability to present evidence, capacity to draft motions, quality of court
presence), personal (e.g. ability to cope with workload) and social factors
(e.g. respectful treatment of parties, witnesses and victims).”171
78. As a promising practice example, in one Western European OSCE participating
State prosecutors are assessed according to a list of criteria, none of which are
related to numerical statistics on acquittals. The assessment criteria include factors
such as legal knowledge, ability to communicate and efficiency. Numerical data is
only used to assess the prosecutor’s workload.172
Judges
79. Judges are also known to be subject in some jurisdictions to performance evaluations on the basis of acquittal rates or conviction rates, respectively. In certain
countries, acquittal rates or the outcomes of court cases are informally used as
performance indicators, and are likely to affect promotion opportunities, pay and
disciplinary measures. As outlined in the preceding sections, judges can and
should play a pivotal role in identifying instances where torture has occurred and
removing incentives for torture. This may take the form of inquiring into whether
suspects have been ill-treated, ensuring compliance with procedural rights, excluding evidence obtained by torture and initiating investigations into allegations of
171 ODIHR, ”Seventh Expert Forum on Criminal Justice for Central Asia Conference Report”, (2018),
p. 16.
172 MONITEUR BELGE, Arrêté royal modifiant l’arrêté royal du 20 juillet 2000 déterminant les modalités d’évaluation des magistrats, les critères d’évaluation et leur ponderation, (13 September 2004)
[C − 2004/0966], Belgium.
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