A/HRC/35/31
I. Introduction
1.
The present report is the first submitted by the Special Rapporteur on the
independence of judges and lawyers, Diego García-Sayán, since his appointment in
December 2016 pursuant to Human Rights Council resolution 26/7. In his report, the
Special Rapporteur establishes the main issues he will prioritize during his tenure. It
consists of three parts. The first section provides an overview of the mandate and its
methods of work with States, civil society, United Nations bodies and relevant
stakeholders. The second part provides a summary of the thematic work of previous Special
Rapporteurs. The third part identifies some issues of specific concern that the Special
Rapporteur will take into account during his mandate, particularly issues related to
corruption and organized crime, among others.
2.
The Human Rights Council, aware of the connection between human rights and the
independence of judges and lawyers, has repeatedly underlined the importance of an
independent judiciary. In resolution 29/6, the Council reiterated the conviction that an
independent and impartial judiciary, an independent legal profession, an objective and
impartial prosecution able to perform its functions accordingly and the integrity of the
judicial system are essential prerequisites for the protection of human rights and the
application of the rule of law and for ensuring fair trials and the administration of justice
without any discrimination.
3.
The Human Rights Council has repeatedly requested the Secretary-General, within
the limits of the regular budget of the Organization, to provide the Special Rapporteur with
all the necessary human and financial resources for the effective fulfillment of his or her
mandate.1
4.
The Special Rapporteur would like to thank the Human Rights Clinic of the Human
Rights Research and Education Centre of the University of Ottawa for its outstanding
support in the research for and drafting of the present report.
II. Perspectives on the mandate of the Special Rapporteur on the
independence of judges and lawyers
5.
The Special Rapporteur would like to acknowledge the outstanding work done by
his predecessors in this position, Mónica Pinto, Gabriela Knaul, Leandro Despouy and
Param Cumaraswamy.
6.
The mandate of the Special Rapporteur on the independence of judges and lawyers
has been gradually built over the years thanks to the interpretation of its scope and content,
enshrined most recently in Human Rights Council resolution 29/6. As the Special
Rapporteur stated in 2016, each Special Rapporteur, in his or her own field of action, has
helped through the periodic thematic reports to clarify and consolidate the requirements
necessary to achieve and maintain the independence and impartiality of the justice system.
7.
The present Special Rapporteur intends to perform his task taking into consideration
the valuable work of his predecessors while addressing specific topics of current relevance.
For example, during the course of his tenure the Special Rapporteur would like to focus his
attention on the impact of corruption, organized crime and other transnational threats on the
judiciary. The Special Rapporteur will elaborate on this issue in his future thematic reports.
8.
Upon review of the approach of previous mandate holders on the issue of corruption
(see, for instance, E/CN.4/2002/72/Add.1, A/HRC/4/25, A/HRC/11/41, A/64/181,
A/65/274, A/HRC/20/19, A/67/305, A/HRC/23/43 and Corr.1 and A/70/263), the Special
Rapporteur is of the view that the impact of corruption and organized crime on the judiciary
needs to be considered in further detail. During his term in office, the Special Rapporteur
will work closely with States, United Nations agencies and bodies, national human rights
1
See, for instance Council resolution 26/7.
3
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