A/HRC/4/25 page 2 Summary This report sets out the activities of the Special Rapporteur on the independence of judges and lawyers during 2006, and then describes the various circumstances in which the Special Rapporteur has intervened from 1994 to date, in particular situations in which there was a direct threat to those working in the judicial system, or where structural problems impinged on the effective operation and the independence of the judicial system and undermined the rule of law. The aim is to provide an overview of the main findings from the last 12 years. Given the gravity and extent of the problems that beset the judicial system and the rule of law, the Special Rapporteur recommends that the Human Rights Council devote even greater attention to the administration of justice and judicial independence. Mechanisms to defend the judiciary should be strengthened, in particular through the office of the Special Rapporteur, whose sphere of action should be enhanced. Furthermore, the Special Rapporteur underlines the urgent need for the United Nations to make justice a priority both when providing assistance to States and when reviewing its own institutions. Lastly, the Special Rapporteur recommends that in its endeavours the Human Rights Council should draw on the contributions and experience of national and international jurists’ organizations established to defend judicial independence. In response to repeated requests by various governmental and non-governmental delegations during the interactive dialogue in the General Assembly, the Commission and the Human Rights Council, the Special Rapporteur also considers the impact of states of emergency on human rights, and in particular the ensuing constraints on the judiciary. In the same context, the Special Rapporteur refers to legislation on terrorism, national security and immigration. On the basis of his assessment, the Special Rapporteur recommends that States bring their domestic legislation and practice into line with the international principles, judicial practice and standards that govern states of emergency, and to this end draws attention to the elements which it is essential to include in any legislation in these areas. Since grave human rights violations have been observed in states of emergency, the Special Rapporteur suggests that an international declaration should be drafted to consolidate the body of principles and case law that govern the protection of human rights in such circumstances. Against the backdrop of the dramatic deterioration of the situation in Iraq and the judgement handed down by the Supreme Iraqi Criminal Tribunal, the Special Rapporteur reiterates his criticism expressed to the General Assembly in October 2006, and recommends that the United Nations contribute to the establishment of an independent tribunal to comply with international standards on human rights. Finally, the Special Rapporteur welcomes the adoption of the International Convention for the Protection of All Persons from Enforced Disappearance, and urges States to ratify the Convention promptly.