A/HRC/14/34
Lawyers, which was first published in 2003. The addendum covered major developments
on human rights in the administration of justice from 2003 to 2007. The OHCHR series of
rule-of-law tools for post-conflict States expanded to include publications on reparations
programmes, the legacy of hybrid courts, amnesties, and national consultations on
transitional justice.
43.
OHCHR has conducted a number of activities at the national level including training
of judges, prosecutors, police, and lawyers on human rights in the administration of justice.
In Timor-Leste, the Human Rights and Transitional Justice Section of the United Nations
Integrated Mission in Timor-Leste (UNMIT) supported a week-long training course on the
protection of human rights in the judicial process for 14 future judges, prosecutors and
public defenders. The training included material on fair trial guarantees and the rights of
victims. In Colombia, OHCHR assisted the Supreme Court of Justice in the organization of
national events to support the independence of the judiciary and visits by Colombian judges
to other high courts in the Latin American region with a view to exchanging experiences on
judicial investigations of human rights violations by armed groups.
44.
The protection of human rights in the administration of justice requires a sound
legislative basis. OHCHR is regularly involved in providing support and advice to national
law reform efforts with a view to improving compliance with international human rights
standards. Following the ratification by Lebanon of the Optional Protocol to the Convention
against Torture (OPCAT) in late 2008, OHCHR assisted the Government in the formation
of a Steering Committee of the Lebanese Ministry of Justice to draft a law to establish a
national preventive mechanism as provided for under OPCAT. OHCHR, as a member of
the Committee with consultative status, has been involved in the drafting of the proposed
law. Similar assistance was provided in Kyrgyzstan and Georgia.
45.
OHCHR works with a range of other actors, including judges, governments, civil
society and United Nations agencies, to promote a jurisprudence of national courts which is
in line with international human rights standards. In Cambodia, OHCHR has worked with
UNICEF in the area of juvenile justice, particularly with the aim of reducing custodial
sentences for persons under the age of 18, in accordance with the Convention on the Rights
of the Child. A landmark ruling by the country’s Constitutional Council in July 2007
reaffirmed that courts should take into account the age of the perpetrator in order to impose
lesser sentences.
46.
A further means of promoting human rights protection is through the monitoring of
the criminal justice system and the development of indicators to assess gaps in protection.
With regard to the former, OHCHR regularly monitors places of detention and criminal
trials at the national level. Systematic monitoring of the legal system in the context of
United Nations Peace Operations is undertaken in partnership with the Rule of Law Units
of the Department of Peacekeeping Operations, on the basis of the OHCHR Rule of Law
Tools for Post-Conflict States: Monitoring legal systems.
V. Conclusions
47.
The developments and activities set out in this report illustrate the crucial role
human rights protection plays in ensuring a fair and efficient system of administration
of justice and the key role justice mechanisms play in ensuring respect for human
rights. The long-standing interest of the United Nations and its Members in the role of
human rights in the administration of justice continues and deepens, with the
development of more detailed normative guidance, and a greater focus on
implementation at the country level of existing human rights standards.
GE.10-13137
13
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