A/HRC/14/26 international or regional judicial or quasi-judicial bodies. However, the application of these standards is severely punished by the executive branch so that judges risk sanctions and even deprivation of liberty.35 I. An independent and informed judiciary to support good governance and to combat corruption 69. Courts have increasingly been called upon to adjudicate on matters relating to good governance, corruption, counterterrorism measures, ensuring democratic accountability, and promotion of human rights in relation to areas such as health, labour and property rights. The courts have also been instrumental in combating impunity, ensuring accountability for human rights violations and providing reparation for victims. An effective and independent judiciary is one of the key institutions in the promotion of the rule of law by confronting corruption, promoting security and political and social stability and providing effective remedies to litigants. 70. The judiciary has considerable responsibility for the promotion of the rule of law and upholding good governance by establishing or developing on existing human rights standards and enhancing their applicability at national level. In cases where the national statutory framework violates basic human rights standards, a proactive judiciary can recommend the repeal or amendment of a law or rule if inconsistent with international human rights standards. 71. The independence of the judiciary derives from its competence, professionalism and integrity and from maintaining its accountability as a service delivery institution. Despite the fact that the judiciary has a mandate in every jurisdiction to further good governance, the rule of law and the promotion and protection of human rights norms, there remains a discernible gap between the law and practice on the ground. 72. There are instances when the judiciary has acted to the detriment of litigants in areas such as social empowerment, equality and minority protection and has contributed to political insecurity. There are other trends which show that the judiciary has contributed towards the perpetuation of human rights violation by the continued application of domestic legal norms and provisions which are not consistent with international human rights practice. In other jurisdictions, the judiciary may have promoted and contributed to a culture of impunity. 73. Corruption is one of the most serious obstacles to the promotion and protection of human rights. Therefore, judges and lawyers should receive continued training on good governance, particularly in combating corruption in the public and private sectors, including the judiciary. Corruption has a detrimental impact on human rights, the rule of law and democracy. Corruption makes national institutions weak and public trust in them is eroded. 74. Corruption can be political, economic or corporate, but, in all its forms, it undermines democratic values and institutions and the enjoyment of human rights. Judicial integrity is a key element of impartial justice. Judges, prosecutors and lawyers should be trained in the need to combat corruption and in the international norms and declarations. In 35 GE.10-12622 See for example the case of Venezuelan Judge Afiuni who was arrested after having ordered the conditional release pending trial of a defendant who had spent more than two years in pretrial detention and whose detention was declared arbitrary by the Working Group on Arbitrary Detention on 1 September 2009, citing serious violations of the right to fair trial. Available at: http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=9677&LangID=E. 15

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