A/HRC/41/48
institution or inconsistent with their duty to be, and to be perceived as, independent
and impartial.
108. Judges and prosecutors have the right to form and join professional
organizations to protect their professional interests. They can also be members of
other organizations, provided that their membership of these associations does not
compromise the dignity of their office or their independence and impartiality.
Political rights
109. The Special Rapporteur acknowledges that there is no general international
consensus on whether judges and, to a lesser extent, prosecutors should be free to
participate in politics or not.
110. As citizens, judges and prosecutors are entitled to exercise their political rights
on an equal basis with other citizens. However, judges and prosecutors should show
restraint in the exercise of public political activity, in order to preserve the
independence of the judiciary and the separation of powers.
111. Even in cases where their membership of a political party or their participation
in public debate is not expressly prohibited, it is necessary for judges and prosecutors
to refrain from any political activity that might compromise their independence or
jeopardize the appearance of impartiality.
112. With regard to direct involvement in politics, the Special Rapporteur is of the
view that judges and prosecutors should avoid any partisan political activity that may
undermine their impartiality or be inconsistent with the principle of the separation of
powers.
19
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