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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents