A/HRC/11/41
page 14
issued recommendations in this regard to some Member States.52 However, the judiciary or the
above-mentioned independent body remain, as all other public authorities, accountable to
independent and external oversight.
6. Freedom of association and expression
44. According to principle 9 of the Basic Principles, judges are free to form and join
associations of judges or other organizations. The aim of such associations is to represent the
judges’ interests and to protect their judicial independence as this can be done more effectively
in a corporate way.53 One regional standard refers specifically to the objective of professional
organizations to promote professional training54 to strengthen the quality of decision-making.
45. The Special Rapporteur notes the importance of the participation of judges in debates
concerning their functions and status as well as general legal debates. As such, judges need to
preserve the dignity of their office and the impartiality and independence of the judiciary, as
stipulated in the Basic Principles55 and the Bangalore Principles.56
7. Assignment of court cases
46. The method for assigning cases within the judiciary is paramount for guaranteeing the
independent decision-making of judges. The Basic Principles stipulate that such assignment
within the court is an internal matter of judicial administration. This means that there must be no
interference from the outside.
47. Furthermore, there needs to be a mechanism of allocation that also protects judges from
interference from within the judiciary. During several country visits, the Special Rapporteur
pointed to practices of allocation of court cases hampering the independence of judges. For
example, assignment of court cases at the discretion of the court chairperson may lead to a
system where more sensitive cases are allocated to specific judges to the exclusion of others.57
The Beijing Statement stipulates that ultimate control over the assignment of cases must belong
to the chief judicial officer of the relevant court.58 Also, in some Member States, court
chairpersons, in specific cases, retain the power to assign cases to or withdraw them from
52
E/CN.4/2006/52/Add.4, para. 92.
53
See Recommendation No. R (94) 12 (footnote 14), principle IV; Beijing Statement
(footnote 8), principle 9.
54
Principles and Guidelines in Africa (footnote 8), A (4) (t).
55
Principle 8.
56
Principle 4.6.
57
A/HRC/11/41/Add.2, para. 61; E/CN.4/2006/52/Add.3, para. 67.
58
Beijing Statement (footnote 8), principle 35.
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