A/HRC/11/41
page 23
he noted a significant discrepancy between courts in different regions, depending on the degree
of willingness of the respective local authorities to support their functioning with material
resources.109 In this connection, the Special Rapporteur emphasizes that while duly respecting
the federal systems of some Member States, it remains the task of the central authorities to
ensure that appropriate human and material resources are available to the courts so as to
administer justice properly.
(c)
Security
78. The Special Rapporteur emphasizes that the security of judges is a subject too often
neglected in the face of multiple and multifaceted attacks against members of the judiciary in a
number of countries. This is reflected in the Special Rapporteur’s annual reports on country
situations, which show the dimension of this concern.110 The Human Rights Committee, in
paragraph 19 of its general comment No. 32, stated that it is necessary to protect judges against
conflicts of interest and intimidation. To this end, the security of judges should be adequately
guaranteed by law, as it is also enshrined in the Basic Principles.111 In accordance with the
Beijing Statement, it is incumbent upon the executive authorities to ensure the security and
physical protection of judges and their families at all times. Furthermore, the Statute of the
Ibero-American Judge requires that the necessary measures be in accordance with the risks to
which judges and their families are exposed.112 Recommendation No. R (94) 12 gives specific
examples of security measures, such as providing for security guards on court premises or police
protection for judges who may become or are victims of serious threats.113
79. In numerous cases, the Special Rapporteur has denounced the inadequate efforts by State
authorities to respond and provide protection to judges, even when reports had been submitted to
the police or the judicial authorities.114 In this connection, he underlines once again the
importance of the adoption of preventive security measures for increased protection of judges, in
particular to protect those judges examining cases of large-scale corruption and organized crime,
terrorism and crimes against humanity.115
109
E/CN.4/2006/52/Add.4, para. 70.
110
For example, A/HRC/4/25, paras. 14-17.
111
Principle 11.
112
Art. 35.
113
Principle III (2).
114
A/HRC/4/25, para. 14.
115
A/HRC/11/41/Add. 2, para. 99.
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