A/HRC/26/32
independence of justice operators; total immunity would only nourish distrust among the
public towards the justice system as a whole.
53.
The Special Rapporteur encourages States to establish specific norms related to
judicial immunity in order to avoid abuses. She further recommends that States develop
international guidelines on the scope and application of judicial immunity, as it varies from
country to country, which sometimes results in impunity.
54.
In order to ensure a proper balance between independence and accountability, justice
operators should act in accordance with predefined ethical standards and the duties and
responsibilities intrinsic to their functions. In addition, in order for judicial accountability to
be adequately implemented, accountability mechanisms must themselves function with
independence so as to prevent external interferences that may impair the transparency,
objectivity and impartiality of the processes.
55.
When it comes to establishing judicial accountability mechanisms, it is important to
define the concept of judicial accountability and clearly establish the actions for which
justice operators should be accountable, to whom they should be accountable and through
which processes. Generally, the judiciary, like other public institutions, must be
accountable to the public it serves; that can be defined as an external form of
accountability. The exercise of external accountability can, nevertheless, raise serious
concerns regarding the misuse of accountability mechanisms to hinder judicial
independence. The Special Rapporteur therefore believes that external judicial
accountability should take the form of: public hearings and the publication of court
decisions, allowing public scrutiny of and comment on the work of judges through the
media, civil society and other commentators; an annual report to parliament, allowing
parliament to take informed initiatives to reverse the effect of a judicial decision by
introducing new legislation; and information on the judiciary made available on the
judiciary’s website. Codes of conduct and ethics, clear disciplinary proceedings established
by law, and independent bodies for the self-government of the judiciary, the public
prosecutor’s office and the legal profession also provide a form of accountability to the
public by ensuring the effective implementation of individual accountability mechanisms.
56.
The Special Rapporteur is also of the view that, if independence can be interpreted
from both an individual and an institutional perspective, so can accountability. Indeed,
judicial accountability should not be interpreted exclusively in relation to the conduct of the
individual justice operator; rather, it should be further analysed from an institutional
perspective.
1.
Individual accountability
57.
Individual accountability is directly related to the responsibility incumbent on justice
operators to uphold high standards of conduct. Accountability mechanisms specific to
judges include, but are not limited to, the requirements to write reasoned individual
judgments in a language that is understandable to the beneficiaries of justice, explain
personal views on the law and the constitution to the general public, and comply with a
registration system of pecuniary and other interests.
58.
Individual accountability should also encompass extrajudicial conduct, other
permitted professional activities and the private lives of justice operators. While those
individuals also enjoy fundamental rights and freedoms and are free to engage in nonjudicial activities, certain activities such as membership of a political party or public
engagement in political activities may jeopardize the impartiality and independence of their
10
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents