A/HRC/35/31
circumstances allowing the implementation of such restrictions must be exceptional
and limited by law.
B.
Recommendations
121. The Special Rapporteur encourages all Governments to cooperate with and
assist him in the performance of his functions in accordance with Human Rights
Council resolution 26/7.
122. States should ensure that the Special Rapporteur is able to perform his
mandate within their jurisdiction. For that purpose, the Special Rapporteur requests
that they not only facilitate his country visits, but also assist by providing information
when requested and responding to communications within a reasonable period of
time.
123. The Special Rapporteur believes that it is necessary to foster multilateral
cooperation and coordination in order to correctly address the independence of judges
and lawyers from a global perspective.
124. The Special Rapporteur wishes to highlight that he is available to assist States
with the assessment of the implementation of international standards aimed at
ensuring the independence of judges and lawyers.
125. The Special Rapporteur encourages civil society organizations, academia and
other relevant stakeholders to submit information and to participate in relevant
activities with a view to contributing to the fulfilment of his mandate.
126. The Special Rapporteur encourages other special rapporteurs and the United
Nations, including its specialized agencies, to cooperate to the fullest extent possible
with the expert in the fulfilment of his mandate.
127. The Special Rapporteur encourages all States, bar associations and lawyers’
organizations to endorse the Basic Principles on the Role of Lawyers and to
disseminate their content, so that they may be fully known by all authorities and
members of the legal profession.
128. States should take all steps to ensure that international rules and standards
aimed at dealing with the issues addressed in the present and subsequent reports are
gradually integrated in domestic law and applied by domestic courts. For that
purpose, it would be useful to set out the basis for an agenda to discuss the application
of international law and jurisprudence in domestic courts.
129. In order to ensure respect for human rights, Governments must remove the
obstacles that prevent the enjoyment of these rights. In this context, corruption and
organized crime represent the biggest challenges to be taken into consideration.
130. Each State party to the United Nations Convention against Corruption should
take measures to strengthen judicial integrity and to prevent opportunities for
corruption among members of the judiciary.
131. It is the responsibility of States to ensure security and physical protection for
all members of the legal profession in order to guarantee the independence of the
judiciary. One of the priorities must be to set out a protocol that would allow detecting
and dealing with such circumstances.
19
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