A/HRC/10/19
page 22
99. Independency and impartiality of the judiciary remains an outstanding issue in
Myanmar. Members of the Supreme Court are appointed by the Head of State, due process
of law is not fully respected, and the right to appeal, if granted, is handled by judges with
similar constraints and lack of independence. Consequently, the Special Rapporteur
reiterates his recommendations that the judiciary:
(a) Exercise full independence and impartiality, particularly in cases of prisoners of
conscience;
(b) Guarantee due process of law, including public hearings, in trials against
prisoners of conscience;
(c) Refrain from charging and convicting individuals for alleged infringement of
national laws that are under review, in compliance with the first core human rights
element. The Special Rapporteur urges the judiciary to refrain from conducting trials
against prisoners of conscience, if independency is not assured, due process of law is not
guaranteed and national law is not properly reviewed;
(d) Establish effective judicial mechanisms to investigate human rights abuses in
order to fight impunity;
(e) Seek international technical assistance with a view to establishing an
independent and impartial judiciary that is consistent with international standards and
principles. In this respect, the Chief Justice accepted the recommendation to engage with
the Special Rapporteur on the independence of judges and lawyers, a decision that was
welcomed.
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