A/HRC/RES/15/3
Acknowledging the importance of the ability of the Special Rapporteur on the
independence of judges and lawyers to cooperate closely, within the framework of his or
her mandate, with the Office of the United Nations High Commissioner for Human Rights
in the fields of advisory services and technical cooperation, in the effort to guarantee the
independence of judges and lawyers,
Recognizing the importance of bar associations, professional associations of judges
and non-governmental organizations in the defence of the principle of the independence of
judges and lawyers,
Recalling that prosecutors shall, in accordance with the law, perform their duties
fairly, consistently and expeditiously, and respect and protect human dignity and uphold
human rights, thus contributing to due process and the smooth functioning of the criminal
justice system,
Emphasizing that judges, prosecutors and lawyers play a critical role in safeguarding
the non-derogable right of freedom from torture and other cruel, inhuman or degrading
treatment or punishment,
Recalling that it is essential to ensure that prosecutors possess the professional
qualifications required for the performance of their functions through improved methods of
recruitment and legal and professional training, and through the provision of all necessary
means for the proper performance of their role in combating criminality,
Recalling also that every State should provide an effective framework of remedies to
redress human rights grievances or violations and that the administration of justice,
including law enforcement and prosecutorial agencies and, especially, an independent
judiciary and legal profession in full conformity with applicable standards contained in
international human rights instruments, is essential to the full and non-discriminatory
realization of human rights and indispensable to the processes of democracy and
sustainable development,
Noting with concern the increasingly frequent attacks on the independence of
judges, lawyers, prosecutors and court officials,
Reaffirming Council resolution 8/6 of 18 June 2008 on the mandate of the Special
Rapporteur on the independence of judges and lawyers,
1.
Encourages States to take into consideration principles and individual and
institutional parameters for effectively guaranteeing the independence of the judiciary and
the free and independent functioning of lawyers and the legal profession, as contained in
previous reports submitted by the Special Rapporteur on the independence of judges and
lawyers to the Council1 and the General Assembly;2
2.
Takes note with appreciation of the latest report of the Special Rapporteur3
on, inter alia, continuing education and training in international human rights as a crucial
factor for the independence of judges and lawyers and for the objectivity and impartiality of
prosecutors and their ability to perform their functions accordingly, and invites all
Governments and competent national entities, such as bar associations, associations of
magistrates and universities, to consider seriously the conclusions and recommendations
made therein;
1
2
3
2
A/HRC/11/41.
A/64/181.
A/HRC/14/26.
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