A/HRC/26/32
procedural safeguards, including the right to present a defence and to appeal to a competent
higher court.21
91.
Indeed, the Human Rights Committee has indicated that, in order to ensure the
independence of the judiciary, States should establish an independent body responsible for
the appointment and promotion of judges, as well as for the application of disciplinary
regulations.22 The Committee has also recommended that States parties should strengthen
the independence of the judiciary by providing for judicial, rather than parliamentary,
supervision and discipline of judicial conduct.23
92.
The composition, structure and mandate of those independent bodies vary from one
judicial system to another, but some general guidelines should be taken into account for
their functioning in order to ensure that they act in accordance with international standards.
93.
In order to perform its tasks with propriety, a commission or council for the
judiciary should preferably be composed entirely of members of the judiciary, retired or
sitting, although some representation of the legal profession or academics could be
advisable. No political representation should be permitted, in order to prevent politicization
and avoid external influences that can compromise the implementation of measures to
ensure the independence, impartiality, integrity and accountability of the judiciary. In
addition, the independent body should manage its own budget and have enough human and
financial resources to properly function with independence. It should also be accountable
for its activities, in order to avoid the possible public perception that it works only for the
self-interest and self-protection of the profession. Independent bodies in charge of the
accountability of prosecutors could follow a similar structure, while their composition
should be adapted.
94.
With regard to the legal profession, an independent professional organization or bar
association should be established to represent the interests of lawyers, regulate their entry to
the profession, protect their professional integrity and apply disciplinary proceedings.
95.
As mentioned above, the regulation, monitoring and accountability of the legal
profession is usually exercised by the executive, the judiciary, or bar associations. The
Special Rapporteur underlines that it is contrary to the Basic Principles on the Role of
Lawyers that licenses to practise law, as well as disciplinary measures, be controlled by the
executive.
96.
The Special Rapporteur has consistently and strongly supported the establishment of
an independent, self-regulating bar association or council to oversee the process of
admitting candidates to the legal profession, provide for a uniform code of ethics and
conduct, and enforce disciplinary measures, including disbarment. Such an association
would not only provide a mechanism to protect its members against undue interference in
their legal work, but also monitor and report on the members’ conduct, ensuring their
accountability and applying disciplinary measures in a fair and consistent manner
(A/HRC/23/43/Add.3, paras. 87 and 88).
IV. State responsibility and the right to a remedy
97.
International and regional standards recognize the civil responsibility of the State by
ensuring effective remedies for persons whose human rights have been violated owing to
21
22
23
Ibid., para. 26.
See CCPR/C/ARM/CO/2-3, para. 21.
See CCPR/CO/79/LKA, para.16.
17
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