A/HRC/RES/31/2
Stressing that the integrity of the judiciary should be observed at all times,
1.
Notes the expert consultation on human rights considerations relating to the
administration of justice through military tribunals and the role of the integral judicial
system in combating human rights violations, held on 24 November 2014, in accordance
with Human Rights Council resolution 25/4, and the report on its outcome;1
2.
Takes note of the conclusions and recommendations made by the Special
Rapporteur on the independence of judges and lawyers in her report, submitted to the
General Assembly at its sixty-eighth session,2 in particular that military tribunals, when
they exist, must be an integral part of the general justice system and operate in accordance
with human rights standards, including by respecting the right to a fair trial and due process
guarantees;
3.
the law;
Reaffirms the right of everyone to recognition everywhere as a person before
4.
Reiterates that, as declared in article 14 of the International Covenant on
Civil and Political Rights, every person is entitled, in full equality, to a fair and public
hearing by a competent, independent and impartial tribunal duly established by law in the
determination of his or her rights and obligations and of any criminal charge against him or
her, and that he or she is entitled to the presumption of innocence until proved guilty
according to law;
5.
Notes that, according to paragraph 5 of the Basic Principles on the
Independence of the Judiciary, everyone has the right to be tried by ordinary courts or
tribunals using established legal procedures, and that tribunals that do not use duly
established procedures of the legal process shall not be created to displace the jurisdiction
belonging to the ordinary courts or judicial tribunals;
6.
Underlines that any court trying a person charged with a criminal offence
should be competent, independent and impartial;
7.
Also underlines the importance of the full respect for the rule of law and the
guarantees of due process in order to ensure that all areas of public activities fall within the
reach of legal remedies;
8.
Urges States to guarantee that all persons brought to trial before courts or
tribunals under their authority have the right to be tried in their presence, to defend
themselves in person or through legal assistance of their own choosing and to have all the
guarantees necessary for their legal defence;
9.
Calls upon States to ensure that the principles of equality before the courts
and before the law are respected within their judicial systems by, inter alia, providing to
those being tried the possibility to examine, or to have examined, the witnesses against
them and to obtain the attendance and examination of witnesses on their behalf under the
same conditions as witnesses against them;
10.
Urges States concerned to close down promptly all secret detention facilities
under their jurisdiction or control situated on their territories or abroad, and to ensure that
all persons held in detention under their authority are provided with access to justice by
ordinary courts acting in compliance with international due process and fair trial standards;
1
2
2
A/HRC/28/32.
A/68/285.
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