A/HRC/4/25
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of the profession such as the withdrawal of practising certificates. There have also been
complaints about attempts to install individuals close to the executive at the head of professional
associations, and the Rapporteur has recorded instances of professional associations threatening
to sanction members for taking part in human rights training sessions.
27.
Freedom of expression on subjects related to the professional activities of those working
in the judicial system is especially sensitive. Government authorities often intimidate lawyers
and judges who express views on the cases they are involved in, including where the case
concerns human rights violations. This is particularly prevalent in countries with no regulations
that give effect to the relevant international principles.
C. Particular challenges
28.
The Special Rapporteur invites the Council to devote particular attention to a number of
other challenges that confront the judiciary and on occasions threaten the rule of law.
29.
Some of the most serious problems recorded, which have given rise to numerous
complaints, concern the trial of civilians before military courts and the trial of members of the
armed forces accused of serious human rights violations by their peers. In response, the Special
Rapporteur, who has frequently intervened on this subject, presented a report to the sixty-first
session of the General Assembly on the situation of military justice in the world (A/61/384), and
recommended the adoption of the draft principles drawn up by Emmanuel Decaux, an expert
from the Sub-Commission on the Promotion and Protection of Human Rights.
30.
The Special Rapporteur has repeatedly been concerned with restrictions imposed on the
judiciary under a state of emergency, a legal institution that will be examined in greater detail in
the next section.
31.
Special courts are generally associated with a serious violation of the principles of natural
law, in particular the right to a defence and other procedural guarantees set out in article 14 of
the International Covenant on Civil and Political Rights. For example, there have been frequent
complaints about the use of “faceless” judges. This practice, intended to protect judges against
possible reprisals, calls the procedure itself into question and can entail a denial of justice.
While it is vital to guarantee the safety of judges and witnesses, this must not be a pretext for
undermining judicial independence and impartiality.
32.
Over the last three years, the Special Rapporteur has noted a growing number of
complaints that certain legislation introduced to combat terrorism, and legislation on national
security and political asylum, restrict rights by precluding or limiting recourse to the justice
system and according broad powers to the executive. Typically, such laws suspend
habeas corpus or amparo, and establish an internal review or appeal mechanism devoid of any
judicial involvement.
33.
Other complaints referred to the adoption of amnesty laws, which prevented those who
had authorized or perpetrated grave and systematic human rights violations from being brought
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