A/HRC/26/32 United Nations General Assembly Distr.: General 28 April 2014 Original: English Human Rights Council Twenty-sixth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul Summary In the present report, the Special Rapporteur on the independence of judges and lawyers clarifies the notion of judicial accountability and highlights its importance in the light of the fundamental principle of judicial independence. The main goal of the report is to demonstrate that judicial accountability and judicial independence are two essential elements of an independent, impartial and efficient justice system, and that, as a consequence, States should undertake efforts to develop and adopt international standards for judicial accountability to guide the enactment of domestic legislation establishing a comprehensive system of judicial accountability which is effective, objective, transparent and respects judicial independence. Following a brief outline of the activities carried out by the Special Rapporteur in 2013 and 2014, the thematic section of the report first considers concepts and definitions of judicial accountability, highlighting its importance for upholding the rule of law and strengthening the independence of the judiciary. The report then examines existing international human rights standards relating to judicial accountability. It continues with an analysis of the different forms of judicial accountability and the mechanisms and proceedings for its implementation. The report then addresses the issue of State responsibility and the right to a remedy for people whose human rights have been violated as the result of a wrongful conviction or miscarriage of justice. The final two sections contain the Special Rapporteur’s conclusions and a number of recommendations aimed at assisting States in adopting and implementing appropriate and effective judicial accountability mechanisms, in line with the principle of the independence of the judiciary, which will contribute to improving the administration of justice and upholding the rule of law. GE.14-13918 *1413918*

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