A/HRC/26/32
United Nations
General Assembly
Distr.: General
28 April 2014
Original: English
Human Rights Council
Twenty-sixth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on the independence of
judges and lawyers, Gabriela Knaul
Summary
In the present report, the Special Rapporteur on the independence of judges and
lawyers clarifies the notion of judicial accountability and highlights its importance in the
light of the fundamental principle of judicial independence. The main goal of the report is
to demonstrate that judicial accountability and judicial independence are two essential
elements of an independent, impartial and efficient justice system, and that, as a
consequence, States should undertake efforts to develop and adopt international standards
for judicial accountability to guide the enactment of domestic legislation establishing a
comprehensive system of judicial accountability which is effective, objective, transparent
and respects judicial independence.
Following a brief outline of the activities carried out by the Special Rapporteur in
2013 and 2014, the thematic section of the report first considers concepts and definitions of
judicial accountability, highlighting its importance for upholding the rule of law and
strengthening the independence of the judiciary. The report then examines existing
international human rights standards relating to judicial accountability. It continues with an
analysis of the different forms of judicial accountability and the mechanisms and
proceedings for its implementation. The report then addresses the issue of State
responsibility and the right to a remedy for people whose human rights have been violated
as the result of a wrongful conviction or miscarriage of justice. The final two sections
contain the Special Rapporteur’s conclusions and a number of recommendations aimed at
assisting States in adopting and implementing appropriate and effective judicial
accountability mechanisms, in line with the principle of the independence of the judiciary,
which will contribute to improving the administration of justice and upholding the rule of
law.
GE.14-13918
*1413918*
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