A/HRC/4/25 page 8 In some countries, the level of violence was especially high. For example, in one Latin American country, the Special Rapporteur recorded the assassination of 16 employees of the judicial system, 63 cases of threats, 2 abductions and 2 cases of exile between January 2005 and August 2006. In one Asian country, no fewer than 15 lawyers and 10 judges were assassinated with impunity between 2001 and mid-2006. B. Standards and practices relevant to the rule of law, the smooth functioning of the judicial system and the right to a fair trial 18. From the various allegations received and missions conducted since 1994, it is clear that institutional considerations can affect not only the exercise of judicial authority but also its independence, even jeopardizing the rule of law. 19. Corruption of the judiciary is one of the most pernicious threats to the rule of law and one of the most difficult to eradicate. There are many contributing factors. High levels of corruption and judicial apathy are often attributed to the poor remuneration of judges and lawyers and the judiciary’s lack of financial independence; however, the Special Rapporteur would stress the significance of other factors such as judges’ ideological or political allegiances. The Special Rapporteur’s experience shows that such factors have a decisive impact on judges’ ability to act in an effective, independent and impartial manner, in accordance with their professional ethics, particularly when several contributing factors coincide with a weak institutional framework and a culture of corruption. These situations often arise in countries where the principles of judicial independence and international fair trial standards are not well established. The Special Rapporteur has therefore strongly urged States to adopt and subscribe to the Bangalore Principles of Judicial Conduct. 20. The complaints received and missions conducted show that delays in the administration of justice are as common as they are disturbing. Typically violations of the right to judgement without undue delay stem from the unnecessary complexity of judicial procedures combined with an excessive volume of cases reaching the highest courts. Particularly in countries in transition, problems are also due to inadequate physical infrastructure, usually compounded by a chronic shortfall of financial and material resources and support staff. In conflict situations, looting and vandalism may seriously disrupt the work of the judiciary, and States do not always take the necessary measures to punish those responsible or to facilitate the rapid repair of the damaged infrastructure. 21. There are many complex complaints about unequal access to justice. This problem particularly affects the most vulnerable groups (such as children and persons with mental illnesses), those who are discriminated against or persecuted (for example, on grounds of their sex, sexual orientation, ethnic origin, or religious convictions or practices) and members of some social groups (for example, human rights defenders, environmentalists and campaigners seeking to protect natural resources). These same groups often lose out from a failure to enforce court decisions, particularly where economic, social and cultural rights are at issue. Both the lack of access to justice and the failure to enforce court decisions relating to economic, social and cultural rights are symptomatic of the relationship between key economic and social factors and the administration of justice.

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