A/HRC/14/26
the criminal procedural level, with the transition from a written inquisitorial to an
accusatorial system. In such cases, the obligations of the judge, prosecutor and lawyers
change dramatically, as do the rights for the parties to cases. Such changes have major
human rights implications, making constant hands-on updating of legal education,
including human rights, indispensable.
50.
The possibility of magistrates, experienced judges and practising lawyers acting as
mentors in the planning and establishment of the courses should be explored.
51.
Furthermore, in countries which have been affected by situations of armed conflict,
particular attention should be given to continuing learning on transitional justice
mechanisms especially designed to address issues of gross violations of human rights, such
as truth and reconciliation commissions, justice and peace tribunals, hybrid tribunals or
related initiatives.23
52.
The goals and objectives of the programme of judicial education should be
strategically developed. The priorities, structure and content of the curriculum should be
clear from the outset.
Institution
53.
During several country missions, previous mandate holders noted with appreciation
the existence of an institution providing for continuing legal education24 or recommended
that States establish such an institution where one had not yet been set up.25 In some cases,
they noted the establishment of an institute mandated to provide continuing legal education
to all legal professions, which, in one case, was established under the auspices of the
Ministry of Justice.26 In other cases, a specialized body, such as an academy of justice or
school for the judiciary was established to provide both initial and continuing legal
education solely for judges and court staff. The Special Rapporteur considers that such
institutes or judicial academies should preferably be administered and run by an
independent body in charge of the selection, appointment, promotion and disciplining of
judges.27 In order to guarantee the independence of that institution and consequently the
independence of the judges trained by that institute or school, it should neither be
administered by, nor run under, any organ of the executive power.
54.
In another case, a judicial training centre was established by the national judges
association, which conducted continuing legal education courses for sitting judges, but had
no mandate to educate incoming judges.28 The Special Rapporteur recommends that such
institutions provide both incoming and sitting judges with legal education in order to ensure
the consistency and coherence of their levels of knowledge and awareness.
55.
The body providing for continuing legal education for lawyers should ideally be
established by the lawyers’ or bar association and remain under its aegis. The
corresponding legal foundation could either be established by the statute of the lawyers’ or
bar association or by legislation.
23
24
25
26
27
28
12
See reports on transitional justice (A/HRC/4/87) and impunity (A/HRC/4/84).
A/HRC/11/41/Add.2, para. 65; E/CN.4/2006/52/Add.4, para. 62; E/CN.4/2005/60/Add.2, para. 74.
A/HRC/8/4/Add.2, para. 79.
E/CN.4/2006/52/Add.4, para. 62.
For the “independent body in charge of the selection, appointment, promotion and disciplining of
judges”, see A/HRC/11/41, paras. 27–33, 61 and 71.
E/CN.4/2006/52/Add.3, para. 42.
GE.10-12622
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