A/HRC/35/31 39. In transition processes, whether post-conflict or post-authoritarian, it is normal to hold to account judges involved in human rights violations and corruption who wish to retain their posts. Even in such cases, the Special Rapporteur properly underscored that international standards for a fair trial and the Basic Principles on the Independence of the Judiciary must be strictly observed in all circumstances (see E/CN.4/1996/37, para. 41). 40. Noting the dilemmas authorities may face during periods of transition, especially with regard to the prosecution of human rights violations, crimes and abuses committed by members of a regime that may have appointed them, the Special Rapporteur stated that one priority of a country in transition to peace or democracy may be to “clean up” its judiciary in order to restore its legitimacy, independence and impartiality, and ultimately its public credibility (see E/CN.4/2005/60, para. 44). To avoid arbitrariness, abuse and the settlement of scores, he underlined that the dismissal of judges or their reappointment through a new selection process must fully respect international standards for a fair trial and the Basic Principles on the Independence of the Judiciary (ibid., para. 45). 2. Judicial ethics, corruption within the judiciary and judicial accountability 41. In previous reports, the Special Rapporteur has noted that threats to judicial independence came not only from the executive or legislative branches, but also from organized crime, businesses, corporate giants and multinationals (see E/CN.4/1996/37, para. 246). The present mandate holder takes particular note of how organized crime and corruption are increasingly affecting the capacity of many States and the judiciary to fulfil their duties. How these manifest and recommendations to address this growing phenomenon will be an issue of special concern in forthcoming reports. Judicial integrity and accountability 42. The formulation of judicial codes of ethics and the establishment of judicial complaints mechanisms composed only of sitting and/or retired judges has been mentioned as a process to be promoted (see E/CN.4/2002/72, para. 37). The Bangalore Principles of Judicial Conduct were annexed to the annual report of the Special Rapporteur in 2003 (E/CN.4/2003/65) to stress this approach. The issues of judicial integrity and judicial accountability were also addressed by the Special Rapporteur in two reports (A/67/305 and A/HRC/26/32). In the latter, she noted that judicial accountability must never be used to arbitrarily undermine the independence of judges and, for that reason, any accountability mechanisms must follow procedures that are in line with international standards of due process of law and fair trial. Judicial corruption 43. In the past, the Special Rapporteur drew attention to the growing concerns about judicial corruption (see E/CN.4/2000/61 and Corr.1, para. 29). He noted a need to devote greater attention to promoting judicial integrity and accountability, which would strengthen judicial independence and public confidence in the judiciary (see E/CN.4/2001/65, para. 28). He also noted that judicial accountability had become an issue of importance in several countries, leading to tensions between Government and the judiciary. 44. Early in the mandate, the Special Rapporteur explained that corruption within the judiciary went far beyond economic corruption in the form of embezzlement of funds allocated to the judiciary or bribes. It could, for instance, take the form of biased participation in trials and judgments as a result of the politicization of the judiciary, the party loyalties of judges or all types of judicial patronage. An important issue of concern for the Special Rapporteur relates to the pressure and direct action carried out by organized crime against the judiciary to influence the decisions of judges, lawyers and prosecutors. A lack of trust in the judiciary is lethal for democracy and development and encourages the perpetuation of corruption (see E/CN.4/1996/37, paras. 39-40). 45. In a full report devoted to the issue of judicial corruption (A/67/305), the Special Rapporteur looked into the specific parameters necessary to safeguard judges from conditions conducive to corruption and strengthen their capacity to counter and combat all manifestations of judicial corruption. She also noted that a judiciary whose independence is 8