A/HRC/26/32 I. Introduction 1. The present report is submitted in accordance with resolution 17/2 of the Human Rights Council. 2. Following a brief outline of the activities of the Special Rapporteur in 2013 and early 2014, the thematic section of the report concentrates on judicial accountability. The report starts by discussing the notion and definitions of accountability and judicial accountability. It then highlights existing international and regional human rights standards relating to judicial accountability and proceeds to analyse the connection between judicial accountability and judicial independence. The report examines different forms of judicial accountability and the various mechanisms that can be implemented to ensure that the justice system is duly held to account while respecting its independence. Lastly, the report addresses the responsibility of the State for miscarriages of justice and the implementation of the right to a remedy in the context of judicial accountability. 3. The Special Rapporteur observes that, as the enforcement of human rights ultimately depends upon the proper administration of justice, an independent, competent and impartial justice system is paramount if it is to uphold the rule of law. The independence of the judiciary is not, however, an absolute concept and it should not be used with the sole purpose of granting personal benefits and limitless powers to judges, prosecutors and lawyers (hereafter “justice operators”). Indeed, while justice operators must enjoy some privileges and immunities because of their functions and in order to ensure their independence and impartiality, they must also be accountable for their actions and conduct so that the guarantees of their independence are not abused. 4. The Special Rapporteur aims to demonstrate that when proper mechanisms are in place, judicial accountability should and will contribute both to increasing public trust in the justice system and to reinforcing judicial independence. In particular, she examines the grounds on which and the processes through which each justice operator can be held accountable. Her analysis, conclusions and recommendations are based on an overview of international and regional human rights standards, principles and jurisprudence. II. Activities in 2013 and 2014 A. Country visits and communications with Member States 5. The Special Rapporteur carried out official visits to the Russian Federation, from 15 to 25 April 2013 (A/HRC/26/32/Add.1), the State of Qatar, from 19 to 26 January 2014, and the United Arab Emirates, from 28 January to 5 February 2014, at the invitation of the respective Governments. She will present her reports on the visits to Qatar and the United Arab Emirates at the twenty-ninth session of the Human Rights Council, to be held in 2015. 6. Since she last reported to the Human Rights Council, the Special Rapporteur has sent requests for official visits to the Governments of Argentina, China, Egypt, Fiji, France, Germany, Greece, the Holy See, India, Iraq, Italy, Kenya, Nepal, the Philippines, Portugal, Spain, Tunisia, the United States of America and the Bolivarian Republic of Venezuela. She would like to thank the Government of Morocco for inviting her to visit the country. She encourages those Governments who have yet to respond to her requests to consider extending an invitation to visit in the near future. 7. From 2 March 2013 to 1 March 2014, the Special Rapporteur sent a total of 84 communications alleging violations of human rights in the context of her mandate to 3

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