A/HRC/26/32
120. A code of ethics and conduct should be established for all justice operators,
with the participation of their respective associations and representatives. Such codes
should be applied in a consistent and transparent manner, with full respect for the
fundamental guarantees of fair trial and due process.
121. States should improve the transparency of the justice system. Hearings and
decision-making should be made public so as to permit public scrutiny of the work of
justice operators. Decisions should be rendered in written form, be reasoned and be
published on databases and websites in order to make them truly accessible and free
of charge.
122. The transparency of the justice system should also encompass mechanisms
relating to other State powers, civil society, the media, the police, public prosecutors
and human rights commissions, among others.
Accountability mechanisms and proceedings
123. Accountability mechanisms and proceedings should respect the fundamental
guarantees of fair trial and due process and should be implemented by an
independent and impartial body. Accountability procedures should be limited to
instances of professional misconduct that are gross and inexcusable and that also
bring the judiciary into disrepute.
124. All justice operators should be provided with training and education on their
respective codes of ethics and conduct, rules of procedure and the consequences if
those norms are breached.
Institutions and bodies in charge of overseeing the accountability of the justice system
125. Judicial accountability should be undertaken through an independent body.
That body should have the role of protecting judicial independence and promoting
judicial accountability.
126. Regarding the judiciary, the independent body should preferably be composed
entirely of judges, retired or sitting, although some representation of the legal
profession or academia could be advisable. No political representation should be
permitted. In addition, the independent body should manage its own budget, have
enough human and financial resources to carry out its mandate and be accountable
for its activities.
127. Independent bodies in charge of the accountability of prosecutors could follow
a similar structure to those for judges.
128. An independent professional organization should be established to represent
the interests of lawyers, oversee the process of admitting candidates to the profession,
promote their continuing education and training, protect their professional integrity
and enforce disciplinary proceedings in a fair and consistent manner.
129. The right to have disciplinary decisions reviewed by a higher judicial tribunal
should be guaranteed for judges, prosecutors and lawyers alike.
State responsibility and the right to a remedy
130. The judiciary and the justice system as a whole engage the responsibility of the
State. States should therefore provide effective remedies to individuals who have
suffered damage owing to wrongful convictions or any other miscarriage of justice.
21
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