A/HRC/32/34
United Nations
General Assembly
Distr.: General
5 April 2016
Original: English
Human Rights Council
Thirty-second 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
Note by the Secretariat
The Secretariat has the honour to transmit to the Human Rights Council the report of
the Special Rapporteur on the independence of judges and lawyers, Mónica Pinto, prepared
pursuant to Council resolution 26/7. The report is the first written by the Special Rapporteur
since she took up her duties on 1 August 2015. In the report, she recalls the origins of the
mandate and the international and regional legal framework that has been studied, assessed
and developed in the work of her three predecessors. She notes that, despite a
comprehensive international and regional legal framework which details the preconditions
and prerequisites necessary in order to have an independent, competent and impartial
judiciary and an independent and qualified legal profession, such independence and
impartiality are still extremely vulnerable, are under attack or are merely non-existent, in
many parts of the world.
Against this backdrop, the Special Rapporteur explains that it is time to revisit the
well-established principles of judicial independence and impartiality, and the important
body of work, including the recommendations, left by her predecessors, with a view to
helping all stakeholders to take concrete measures to render the independence and
impartiality of the justice system more effective. To that end, she proposes to begin
working on a set of indicators of independence and impartiality which could be used by
State institutions, judges, prosecutors, lawyers, civil society actors, donors and cooperation
agencies, among others, to assess the independence and impartiality of specific justice
systems, to identify needs for reform, and to allow targeted measures and actions to be
taken to improve the administration of justice and the justice system in a more effective
way.
The Special Rapporteur concludes by recalling the centrality of the independence of
judges and lawyers to the promotion and protection of human rights and mentions specific
issues that she hopes to continue monitoring or to study in more detail during her tenure.
GE.16-05469 (E)
*1605469*
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