A/HRC/19/2
12.
Invites the High Commissioner to report to the Council at its twenty-second
regular session on the situation of human rights and the work of her office in Guinea.
55th meeting
23 March 2012
[Adopted without a vote.]
19/31
Integrity of the judicial system
The Human Rights Council,
Guided by articles 5, 6, 7, 8, 10 and 11 of the Universal Declaration of Human
Rights and articles 2, 4, 6, 7, 10, 14, 15, 16 and 26 of the International Covenant on Civil
and Political Rights, and bearing in mind the Vienna Declaration and Programme of Action,
Recalling other important documents on the issue of the integrity of the judiciary
endorsed by various forums of the United Nations, in particular the Basic Principles on the
Independence of the Judiciary, the Basic Principles on the Role of Lawyers, the Guidelines
on the Role of Prosecutors, the Declaration of Basic Principles of Justice for Victims of
Crime and Abuse of Power, the Standard Minimum Rules for the Treatment of Prisoners,
the Basic Principles for the Treatment of Prisoners, the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment and the
Safeguards guaranteeing protection of the rights of those facing the death penalty, as well
as the Bangalore Principles of Judicial Conduct,
Recalling also the resolutions on the subject of the Commission on Human Rights,
in particular its resolution 2005/30 of 19 April 2005,
Recalling further Human Rights Council decision 2/110 of 27 November 2006 and
Council resolution 17/2 of 16 June 2011,
Convinced that the integrity of the judicial system, together with its independence
and impartiality, is an essential prerequisite for the protection of human rights and
fundamental freedoms, for upholding the rule of law and ensuring that there is no
discrimination in the administration of justice,
Stressing that the integrity of the judiciary should be observed at all times,
1.
Takes note of the relevant sections of the reports of the Special Rapporteur on
the independence of judges and lawyers42 and of the report submitted by the Special
Rapporteur of the Subcommission on the Promotion and Protection of Human Rights on the
issue of the administration of justice through military tribunals;43
2.
Reiterates that, as declared in article 14 of the International Covenant on
Civil and Political Rights, every person is entitled, in full equality, to a fair and public
hearing by a competent, independent and impartial tribunal duly established by law, in the
determination of his/her rights and obligations and of any criminal charge against him/her,
and that he/she is entitled to the presumption of innocence until proven guilty according to
law;
3.
Notes that, according to paragraph 5 of the Basic Principles on the
Independence of the Judiciary, everyone has the right to be tried by ordinary courts or
42
43
GE.13-14768
A/HRC/11/41 and A/HRC/14/26.
E/CN.4/2006/58.
85
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents