A/HRC/14/34 work of its special procedures including (but not limited to) the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the promotion and protection of human rights while countering terrorism, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, and the Working Group on Arbitrary Detention. Contributions were also made by the Subcommission on Prevention of Discrimination and Protection of Minorities, in particular through its sessional working group on the administration of justice established in 1994,4 and the studies and working papers produced by Subcommission members, such as a series of reports on discrimination in the criminal justice system.5 The United Nations human rights treaty bodies play a leading role in highlighting the general nature of human rights guarantees in the justice administration systems of the States parties to the relevant treaties, through their consideration of periodic reports, individual communications and general comments and recommendations. Other parts of the United Nations system have examined, and continue to examine, the link between human rights and the administration of justice, in particular the Commission on Crime Prevention and Criminal Justice. 5. The work of the United Nations to date has clarified in some detail the links between human rights protection and the administration of justice, and has provided standards by which to assess new phenomena and challenges as they arise. At the core of the administration of justice is the formal criminal justice system. The Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights on 25 June 1993 stated: “Every State should provide an effective framework of remedies to redress human rights grievances or violations. The administration of justice, including law enforcement and prosecutorial agencies and especially an independent judiciary and legal profession in full conformity with applicable standards contained in international human rights instruments, is essential to the full and non-discriminatory realization of human rights and indispensable to the processes of democracy and sustainable development.” 6. The specific human rights involved in the criminal justice system are extensive. Rights on arrest and during pretrial detention include those relating to conditions of detention (including the prohibition of torture), the legal basis for the detention and judicial review thereof, and the presumption of bail. Criminal trials are assessed against fair trial guarantees laid down in human rights law, including the right to a public hearing by a competent, independent and impartial tribunal established by law and a presumption of innocence, the right to counsel, equality of arms and the right to appeal. Sanctions imposed by courts in criminal matters raise further rights issues, for example ensuring a focus on rehabilitation and reintegration of offenders, the impact of imprisonment on groups particularly vulnerable to human rights violations, and the use of the death penalty. The principle of non-discrimination forms a background to the entire criminal justice process. The administration of justice extends beyond the criminal justice system to other means of administering justice, such as military justice, administrative justice and transitional justice mechanisms. Each of these provides a means for realizing the right to a remedy and the State’s obligation to provide a means for vindicating individuals’ rights. In their application, however, they can also lead to human rights violations. 4 5 4 Decision 1994/104 of 2 August 1994. See E/CN.4/Sub.2/2002/5, para 6. GE.10-13137

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