A/HRC/11/41 page 6 III. GUARANTEES OF JUDICIAL INDEPENDENCE 14. Since very early in the existence of the mandate, the principle of the independence of judges and lawyers has been defined as international custom and general principle of law recognized by the international community, respectively, in the sense of article 38 (1) (b) and (c) of the Statute of the International Court of Justice. Furthermore, it has also been a treaty-based obligation, as shown by the requirement of “independence of a tribunal” established in article 14, paragraph 1, of the ICCPR, which, as stated by the Human Rights Committee in its general comment No. 32,1 is an absolute right that is not subject to any exception. 15. In addition, more than 20 years ago, a report to the then Sub-Commission on Prevention of Discrimination and Protection of Minorities highlighted that “The principles of impartiality2 and independence are the hallmarks of the rationale and the legitimacy of the judicial function in every State. … Their absence leads to a denial of justice and makes the credibility of the judicial process dubious.”3 As expressed in the Bangalore Principles of Judicial Conduct, “Judicial independence is a prerequisite to the rule of law and a fundamental guarantee of a fair trial.” 16. With a view to the paramount importance of this subject, the Special Rapporteur, in this last report to the Human Rights Council in his present function, attempts at defining parameters to effectively guarantee the independence of judges. Without intending to exhaustively present all elements having an impact on the independence of judges, he analyses individual and institutional aspects, which he deems can reinforce or hamper the independent administration of justice. A. Institutional independence: elements having an impact on the independence of the judiciary 17. In this chapter, the Special Rapporteur will analyse features having an impact on the independence of the judiciary as an institution. 1. Independence of the judicial function from other branches of power as prerequisite 18. It is the principle of the separation of powers, together with the rule of law, that opens the way to an administration of justice that provides guarantees of independence, impartiality and 1 Human Rights Committee, art. 14: Right to equality before courts and tribunals and to a fair trial, CCPR/C/GC/32, para. 19; see also communication No. 263/1987, Gonzalez del Rio v. Peru, para. 5.2. 2 While the independence of the judiciary is referred to as the absence of improper interferences into judicial affairs, impartiality normally denotes absence of prejudice or bias, see Inter-American Court of Human Rights, Apitz Barbera et al. v. Venezuela, 5/9/2008, para. 55, and European Court of Human Rights, Piersack v. Belgium, 1/10/1982, para. 30. 3 E/CN.4/Sub.2/1985/18, para. 75.