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 18

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