A/HRC/26/32
B.
Legal framework
25.
At the international level, the focus until now has been primarily on defining and
developing safeguards that States have to put in place to ensure the independence of their
judiciaries. Specific and detailed references to judicial accountability have yet to appear in
international human rights instruments.
26.
Indirect reference to judicial accountability is, however, found in many binding and
non-binding international instruments where terms such as “liability”, “accountability” and
“responsibility” are used interchangeably in connection with the notion of the proper
exercise of the functions of justice operators, who must act with decorum and in accordance
with their codes of ethics or conduct.
27.
The United Nations Convention against Corruption refers to the promotion of
“integrity, accountability and proper management of public affairs and public property” as
one of it purposes (art. 1, para. c). It further states that “in order to fight corruption, each
State Party shall promote, inter alia, integrity, honesty and responsibility among its public
officials, in accordance with the fundamental principles of its legal system” (art. 8, para. 1),
and that “each State Party shall endeavour to apply, within its own institutional and legal
systems, codes or standards of conduct for the correct, honourable and proper performance
of public functions” (art. 8, para. 2).
28.
In turn, the Basic Principles on the Independence of the Judiciary establish that
“judges shall always conduct themselves in such a manner as to preserve the dignity of their
office and the impartiality and independence of the judiciary” (principle 8). Principle 18
further states that judges should be suspended or removed only for reasons of incapacity or
behaviour that renders them unfit to discharge their duties.
29.
The Bangalore Principles of Judicial Conduct (E/CN.4/2003/65, annex) were
developed in order to establish an international standard for the ethical conduct of judges, to
provide guidance on universal judicial ethics and to strengthen judicial integrity. As such,
they represent an important attempt to fill the gap in the international legal framework
regarding judicial accountability.
30.
The preamble to the Bangalore Principles explicitly states that the Principles
“presuppose that judges are accountable for their conduct to appropriate institutions
established to maintain judicial standards, which are themselves independent and impartial,
and are intended to supplement and not to derogate from existing rules of law and conduct
which bind the judge”. The Bangalore Principles further provide that judges should devote
their professional activity to judicial duties and that their conduct should not be
incompatible with those duties (value 6).
31.
The Universal Charter of the Judge, approved by the International Association of
Judges, makes clear reference to the civil and criminal responsibility of judges. In
particular, it states that civil action, in countries where it is permissible, and criminal action
against a judge, including arrest, must only be allowed under circumstances ensuring that
his or her independence cannot be influenced (art. 10).
32.
Regarding prosecution services, the Guidelines on the Role of Prosecutors indicate
that States shall ensure that prosecutors are able to perform their professional functions
without intimidation, hindrance, harassment, improper interference or unjustified exposure
to civil, penal or other liability (guideline 4).
33.
The Standards of Professional Responsibility and Statement of the Essential Duties
and Rights of Prosecutors, adopted by the International Association of Prosecutors in 1999,
state that prosecutors shall at all times maintain the honour and dignity of their profession,
always conduct themselves professionally, in accordance with the law and the rules and
6
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents