A/HRC/11/41
page 4
I. INTRODUCTION
1.
Since taking up his duties in August 2003, the Special Rapporteur has addressed one or
more main topics in each annual report. This report, the sixth by the current Special Rapporteur
and the fifteenth since the mandate was established in 1994, examines parameters necessary to
effectively guarantee the independence of judges. The Special Rapporteur analyses both
individual and institutional aspects, which he deems able to reinforce or hamper the independent
administration of justice.
2.
In analysing this complex topic, the Special Rapporteur refers to international and regional
standards relevant to the independence of the judiciary, among them article 14 of the
International Covenant on Civil and Political Rights (ICCPR), article 6 of the European
Convention for the Protection of Human Rights and Fundamental Freedoms, article 8 of the
American Convention on Human Rights, article 26 of the African Charter on Human and
Peoples’ Rights and article 12 of the Arab Charter on Human Rights, as well as the Basic
Principles on the Independence of the Judiciary, the Principles and Guidelines on the Right to a
Fair Trial and Legal Assistance in Africa, Recommendation No. R (94) 12 of the Committee of
Ministers of the Council of Europe, the Statute of the Ibero-American Judge and the Beijing
Statement of Principles of the Independence of the Judiciary in the LAWASIA (Law Association
for Asia and the Pacific) region. Furthermore, he bases his analysis on a wealth of the work of
the treaty bodies and decisions from regional organizations as well as on previous work of the
mandate, including letters to Governments on alleged human rights violations.
II. ACTIVITIES OF THE SPECIAL RAPPORTEUR
A. International meetings
3.
In June 2008, the Special Rapporteur took part in the eight session of the Human Rights
Council, where he presented his annual report (A/HRC/8/4), a report on exchanges with
Governments concerning specific complaints (A/HRC/8/4/Add.1) and a report on his mission to
the Democratic Republic of the Congo (A/HRC/8/4/Add.2). In the same month, he also
participated in the fifteenth annual meeting of special procedures of the Human Rights Council.
4.
In September 2008, the Special Rapporteur attended the seminar “Justice and democracy”
which was organized by the Colombian Supreme Court of Justice and held in Cartagena,
Colombia. At this occasion, the Special Rapporteur met with a number of high-level authorities.
5.
In October 2008, the Special Rapporteur attended the sixty-third session of the
General Assembly in New York, where he presented his report (A/63/271), which examined the
role of judges in protecting human rights during states of emergency.
6.
On 17 October 2008, the Special Rapporteur attended the annual meeting of the
International Bar Association, dedicated to the Rule of Law, and made a presentation on the
independence of the judiciary in the context of democracy.
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