A/HRC/4/25
page 4
Introduction
1.
This is the thirteenth report submitted to the Human Rights Council (formerly
Commission on Human Rights) since the mandate of the Special Rapporteur on the
independence of judges and lawyers was established in 1994, and the fourth report submitted by
the current Special Rapporteur. This report is submitted pursuant to Council decision 1/102.
2.
In this report the Special Rapporteur analyses his activities undertaken through the
communications procedure and country missions since he assumed his mandate, the aim being to
give the Council an overview of the nature and extent of attacks on the judicial system. He also
addresses a specific and far-reaching issue, namely the impact of states of emergency, and
related legislation, on human rights and the administration of justice. Finally, he mentions
certain major developments in international justice, a matter he intends to address more
extensively in the future.
I. ACTIVITIES IN 2006
A. International meetings
3.
In Geneva, following his attendance at the first session of the Human Rights Council, the
Special Rapporteur participated in the thirteenth annual meeting of mandate holders of the
special procedures from 19 to 23 June 2006. From 20 to 25 September, he took part in the
second session of the Human Rights Council in Geneva, where he presented reports on his
activities in 2005. On 23 October, he participated in the sixty-first session of the United Nations
General Assembly, in New York, at which he presented his report A/61/384 and detailed his
activities during 2006. The report considers the situation of military justice in the world and
recommends the adoption of the relevant draft principles drawn up by the expert
Mr. Emmanuel Decaux. The presentation gave rise to a lively and extensive debate on the
substantive issues.
4.
From 31 July to 4 August 2006, the Special Rapporteur contributed to
the 17th international course on judicial independence, human rights and the Inter-American
Democratic Charter, organized by the Andean Commission of Jurists and the Spanish Agency
for International Cooperation in Cartagena, Colombia. In his address, he described judicial
independence as a guarantee of the judicial function.
5.
On 26 September, he addressed the Inter-Parliamentary Union seminar in Geneva on
“Law and justice: the case for parliamentary scrutiny”. His contributions covered “The
presumption of innocence, equality of arms and the right to be tried without undue delay: what
parliaments can do to guarantee these essential ingredients of the right to a fair trial” and “How
to ensure an independent and impartial judiciary, a pillar of democracy.”
B. Consultations and preparations for country visits
6.
In June, the Special Rapporteur held meetings in Geneva with several ministers and
members of various permanent missions, and with representatives of governmental and
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