A/HRC/35/31
2.
Specific issues of concern
Guaranteeing judicial independence
111. The rule of law can be upheld only if there is an effective system of separation
of powers, where the independence of the judiciary is effectively guaranteed. The
Special Rapporteur underscores the need to strengthen norms that can allow for the
judiciary to carry out its function independently.
112. Issues relating to the establishment and functioning of military courts lie at the
core of the mandate of the Special Rapporteur on the independence of judges and
lawyers.
113. The media can perform their work in an impartial manner only when certain
conditions are met. Such an environment must be assured by the State through the
guarantee of the freedom of expression and the respect of a free press. On the other
hand, the media must be aware of their responsibility and ensure that the information
delivered is accurate, professional, rigorous and respectful of the independence of the
judiciary.
Corruption, organized crime and independence of judges and lawyers
114. It is essential that all Member States and relevant international and regional
organizations and institutions include as a priority in their agenda the elaboration and
implementation of measures to fight not only the consequences but also the underlying
causes of corruption.
115. Corruption and organized crime are severely undermining the capacity of
many States to promote systems of governance accountable to and compliant with
human rights standards by diminishing the confidence of the citizens in the
administration of justice.
116. One of the current challenges to investigating and sanctioning corruption
around the world has to do with the proper functioning of the State apparatus.
Institutions need to work adequately and in accordance with the rule of law and
international standards so that they can guarantee their independence when it comes
to preventing and punishing improper behaviour.
117. The Special Rapporteur would like to highlight the importance of international
judicial cooperation in the fight against corruption by developing exchanges of good
practice and pooling experiences. In this respect, the United Nations Convention
against Corruption offers an appropriate legal framework for effective action and
international cooperation. Indeed, one of the purposes of the Convention is to
promote, facilitate and support international cooperation and technical assistance in
the prevention of and fight against corruption (art. 1 (b)).
118. Interferences, pressures and threats constitute significant risks to the
independence of judges, which make them particularly vulnerable to corruption.
Protecting the legal profession
119. Bar associations, institutions that have a vital role to play in upholding
professional standards and ethics, must assume their responsibilities in this respect
and embrace both the Basic Principles on the Independence of the Judiciary and the
Basic Principles on the Role of Lawyers.
Restrictions to the right to a fair trial and due process of law before an independent,
impartial and competent tribunal
120. Restrictions to the right to a fair trial and due process of law before an
independent, impartial and competent tribunal cannot be understood from a single
point of view. The Special Rapporteur acknowledges that these restrictions are part of
a multiple set of behaviours that can put at risk the right to a fair trial. The
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