A/HRC/32/34
on the Role of Lawyers and of the Guidelines on the Role of Prosecutors.2 In this context,
the Special Rapporteur emphasized that nowadays the independence of the judiciary is
considered integral to the protection of human rights and to enforcement of the rule of law.
She described these three sets of principles and guidelines as the most essential expression
of the standards relating to judicial independence and impartiality and the independence of
the legal profession.
19.
On 16 September 2015, the Special Rapporteur held an open informal consultation
with representatives of civil society, including associations of legal professionals.
20.
On 17 September 2015, the Special Rapporteur participated as a panellist in a side
event of the Human Rights Council that was entitled “Fair trials and judicial accountability
in Maldives: ways forward” and was organized by Amnesty International. At this side
event, she recalled the conclusions and recommendations of her predecessors who had
conducted official visits to Maldives: Mr. Despouy in 2007 and Ms. Knaul in 2013. She
also highlighted the concerns expressed by Ms. Knaul on the deterioration of the
independence of the judiciary since 2013.
21.
On 27 October 2015, the Special Rapporteur presented the last thematic report of her
predecessor to the Third Committee of the General Assembly (A/70/263). In the first part of
the report, Ms. Knaul recounted the numerous activities that she had carried out during her
six years as Special Rapporteur, providing details and statistics on country visits,
communications and media releases, among other things. In the second part of the report,
she reviewed the issues and topics that she had addressed over the course of her mandate,
categorizing them into seven thematic clusters: education, training and capacity-building of
judges, lawyers and prosecutors; access to justice and legal aid; challenges to the
independence and impartiality of judges; protecting the independence of lawyers;
safeguarding the independence and impartiality of prosecutors and the autonomy of
prosecution services; equality before the courts and fair trial guarantees; and impunity for
human rights violations.
22.
The Special Rapporteur also made use of her oral presentation to recall the main
lines of her mandate, and to emphasize that ensuring the independence and integrity of the
justice system requires continuous attention and monitoring in order to identify and tackle
new or re-emerging problems and challenges triggered by societal, political and economic
changes.
23.
On 14 December 2015, the Special Rapporteur participated by means of
videoconference in the sixth annual Geneva Forum of Judges and Lawyers, organized by
the International Commission of Jurists, which focused on judicial accountability. During
her keynote intervention, she stressed that independence and accountability were both
indispensable to ensuring the suitability and integrity of members of the judiciary and
respect for the rule of law. She recalled that judges and prosecutors must only be removed
from office for proved incapacity, conviction for a crime, or conduct that renders them unfit
to discharge their professional duties. She also cautioned against the very thin line that lies
between accountability and undue pressure or interference.
24.
On 14 and 15 January 2016, the Special Rapporteur participated — together with
fellow special rapporteurs — as a panellist and expert in a seminar on human rights and
election standards, organized in Atlanta, United States of America, by the Carter Center.
The event, which was attended by former President Carter, was aimed at exploring ways
to foster the work of the special procedures of the Human Rights Council in election
2
6
Both adopted by the eighth United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, held in Havana, Cuba, from 27 August to 7 September 1990.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents