A/HRC/8/4
page 28
63. In comparison with the executive and legislative branches and other public services
such as education and health, investment in the justice system is routinely much lower. As a
result, highly dedicated judges, prosecutors and lawyers are liable to find themselves
working in very difficult conditions, both materially and in terms of personal safety.
Facilitating access to justice requires giving budget priority to the administration of justice,
and in such a way as to ensure full autonomy in the management of the resources allocated.
64. In light of the impact on access to justice of proper training for those working in the
justice system, States should invest still more in training, concentrating particularly on
international human rights law.
65. States should pay special attention to free legal aid programmes. This is generally the
only legal assistance accessible to large portions of the population, and the absence or poor
design of such programmes excludes the most disadvantaged groups from the judicial
system. The experiences of certain Latin American countries with public defenders’ offices
deserve to be publicized with a view to possible replication elsewhere.
66. Regardless of the system adopted, it is also crucial to respect and support the work of
NGOs and bar associations, and their initiatives to bring justice to traditionally neglected
regions and social groups.
67. The Special Rapporteur recommends that the United Nations should publish the
Brasilia Rules on access to justice for persons in vulnerable situations.
68. Because of its decisive impact on access to justice and on all human rights, the
Special Rapporteur recommends that all United Nations bodies should step up efforts to
eradicate poverty and extreme poverty.
69. The Special Rapporteur urges the Human Rights Council to ask the Iraqi authorities
to stop applying the death penalty in trials that do not meet international standards. In
addition, in the absence of firm information on the perpetrators and circumstances of the
attack that took the life of Sergio Vieira de Mello and 21 others and the absolute impunity
still surrounding this tragic event, it would be appropriate to create new channels of
investigation to establish the facts. Given the very high value the United Nations places on
combating impunity and defending the right to the truth, which has so far been consistently
violated, and the legitimate interests of the Organization, whose authority has been
undermined, it would be appropriate to set up a commission of eminent experts to begin, at
last, to establish the facts.
70. The Special Rapporteur also proposes to look more closely at the impact of states of
emergency on human rights, and asks the Council to give the subject the special attention it
deserves.
-----
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents