A/HRC/11/41
page 24
(d)
Training
80. According to the Basic Principles and various regional standards,116 appropriate training is
one of the preconditions to be selected for judicial office. The Human Rights Committee
recommended that particular attention should be given to the training of judges in order to enable
them to render justice promptly and impartially.117
81. Besides the importance of pre-service and initial training, the Special Rapporteur has
focused his attention on continuing learning opportunities of judges.118 In one of his country
mission reports, he emphasized that lack of adequate training and professional knowledge also
means that judges are more easily influenced.119
82. In this context, he would like to emphasize that Recommendation No. R (94) 12
specifically provides for training also during the judicial career, which should be free of charge
and concern particularly recent legislation and case law.120 The Statute of the Ibero-American
Judge states that continuing training is generally voluntary, but can be mandatory in specific
cases, such as taking up higher judicial duties or major legal reforms. Furthermore, it enshrines
that continuing training is a right of the judge and an obligation of the judiciary.
Recommendation No. R (94) 12 enshrines the duty of the judges to undergo any necessary
training in order to carry out their duties in an efficient and proper manner.
83. On the occasion of several country missions, the Special Rapporteur noted with
satisfaction the existence of an institution providing for continuing legal education121 or
recommended the establishment of such an institution to the those Member States which had not
yet set up such body.122
84. In this connection, the Special Rapporteur also wishes to point to systems of judicial
careers with periodic examinations, which exist in some Member States. Such examinations
should be carried out by the independent body in charge with the selection of judges and serve
the continuing quality of the administration of justice.
116
Principles and guidelines in Africa (footnote 8), A (4) (i) and (k); Recommendation
No. R (94) 12 (footnote 14), principle III (1); Statute of the Ibero-American Judge, art. 24.
117
CCPR/C/79/Add.118, para. 14.
118
See A/HRC/11/41/Add.2, para. 99; A/HRC/4/25/Add.2, para. 26.
119
A/HRC/8/4/Add.2, para. 23.
120
Principle III (1).
121
A/HRC/11/41/Add.2, para. 65; E/CN.4/2006/52/Add.4, para. 62; E/CN.4/2005/60/Add.2,
para. 74.
122
A/HRC/8/4/Add.2, para. 79.
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