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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