A/HRC/11/41 page 12 of terrorism related cases.39 In this respect, the Special Rapporteur refers to the joint report on the situation of detainees at Guantánamo Bay, in which violations to the principle of the lawful judge and the right to fair trial were found.40 The Special Rapporteur further points to the Draft Principles on the Administration of Justice by Military Tribunals which set out the principle that military courts should have no jurisdiction to try civilians. 5. Judicial budget 37. The Basic Principles and some regional standards state that it is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions.41 Furthermore, the Beijing Statement stipulates explicitly that executive powers affecting judges in their resources must not be used so as to threaten or bring pressure upon a particular judge or judges.42 The Special Rapporteur, following several country visits, recommended that the respective Member States revisit the budget allocated to the judiciary with a view to progressively increasing it. He advocated that a fixed percentage of the GDP be established.43 In one of his reports, he indicated a base line of 2 to 6 per cent of the national budget to be allocated to the judiciary.44 In this connection, the Special Rapporteur points to Principle 42 of the Beijing Statement, which stipulates that, under important domestic economic constraints, the needs of the judiciary and the court system be accorded a high level of priority in the allocation of resources. The Special Rapporteur would like to point to good practices by some Member States that dispose either of a constitutional provision guaranteeing a fixed minimum percentage of the annual national budget to be allocated to the judiciary or who have otherwise achieved a decision in this regard.45 38. With regard to ensuring the independence of the judiciary, two different issues deserve analysis in relation to the judicial budget. First, the question is how to ensure that the allocation of funds to the courts be taken with the strictest respect for judicial independence. A second question arises with respect to the administration of funds allocated to the judiciary. 39 E/CN.4/2006/120; A/61/384, paras. 48-57; E/CN.4/2005/60, paras. 20-24. 40 E/CN.4/2006/120, paras. 30-40. 41 See also Principles and Guidelines in Africa (footnote 8), A (4) (v); Beijing Statement (footnote 8), principle 41; Statute of the Ibero American Judge, art. 6. 42 Principle 38; see also Latimer House Guidelines for the Commonwealth on Parliamentary Supremacy and Judicial Independence, Guideline 2. 43 A/HRC/4/25/Add.2, para. 77. 44 A/HRC/8/4/Add.2, para. 76. 45 For example, Costa Rica and El Salvador were able to achieve a 6 per cent fixed amount.