A/HRC/26/32
accountability to guide and frame the establishment of domestic systems of judicial
accountability that are effective, objective, transparent and in line with international
human rights law.
VI.
Recommendations
109. The Special Rapporteur makes the following recommendations with the aim of
assisting States in developing and implementing appropriate and effective measures to
establish judicial accountability mechanisms in line with the international principles
of judicial independence and impartiality.
Legal framework on judicial accountability
110. States should cooperate to develop and adopt international standards for
judicial accountability.
111. States should consider enacting specific legislation at the domestic level
establishing a comprehensive system of judicial accountability that is effective,
objective, transparent and in line with their international human rights obligations.
Forms of judicial accountability
112. A clear set of standards should be established on how to exercise supervisory
powers of accountability, so that justice operators and the judicial institution are not
held to account arbitrarily.
113. The relationship between the individual to be held accountable and the forum,
body or institution to which he or she must respond also needs to be clearly defined.
114. States should also develop international guidelines on the application of judicial
immunity. In accordance with those guidelines, States should establish domestic
norms on judicial immunity in order to avoid abuses.
Individual accountability
115. Individual accountability should be applied to all justice operators, that is,
judges, prosecutors and lawyers at all levels of their respective careers.
116. Specific individual accountability mechanisms should include, but are not
limited to, the obligation to write individual reasoned judgments or opinions in a
language that is understandable to the beneficiaries of justice; the possibility of
explaining personal views on the law and the constitution to the general public; and
disclosing one’s financial and other assets through an official registration system.
117. Individual accountability should also encompass extrajudicial conduct, other
permitted professional activities and the private lives of justice operators.
118. Justice operators must be provided with clear rules of conduct and ethics in
order to ensure that they behave in accordance with accepted standards that are
appropriate to their professional functions.
Institutional accountability
119. The justice system in its entirety should be submitted to accountability
mechanisms to ensure that it is functioning with independence, competence,
objectivity and impartiality.
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