A/HRC/8/4
page 4
Introduction
1.
Since taking up his duties in August 2003, the Special Rapporteur has addressed one or
more main topics in each annual report. This report, the fifth by the current Special Rapporteur
and the fourteenth since the mandate was established in 1994, looks at the issue of due process in
situations of de jure or de facto states of emergency, and also at the complex issue of access to
justice.
2.
In analysing the issue of access, the Special Rapporteur considers his own reports and
country visits and the material produced by other special procedures. It takes as a reference the
International Bill of Human Rights and the precedents set by supervisory bodies, in particular the
Human Rights Committee. He also takes account of the texts and precedents established by
regional bodies; the Basic Principles on the Independence of the Judiciary, the Basic Principles
on the Role of Lawyers and the Guidelines on the Role of Prosecutors; and other specific
standards set in regional systems.
3.
Given the United Nations word-count requirements, many examples and numerous legal
references could not be included. Only the footnotes, grouped together in annex I, are retained.
I. ACTIVITIES IN 2007
A. International meetings
4.
From 11 to 20 June 2007, in Geneva, the Special Rapporteur took part in the fourteenth
annual meeting of the special procedures of the Human Rights Council and the fifth session of
the Council, where he presented his annual report, a report on exchanges with Governments
concerning specific complaints, a report on his mission to the Maldives and a preliminary note
on his mission to the Democratic Republic of the Congo. In October he attended the sixty-second
session of the General Assembly in New York, where he presented his report (A/62/207).
5.
On 28 and 29 June 2007, the Special Rapporteur attended a meeting of the Supreme Courts
of Justice of the Andean region organized by the Supreme Court of Ecuador, the body whose
establishment and appointment he had pressed for in 2005 in the United Nations and the
Organization of American States (OAS), after the Ecuadorian Supreme Court judges had been
dismissed in breach of the Constitution, triggering a serious institutional crisis.
6.
From 16 to 27 October he attended a training course in Washington D.C., on
inter-American and universal systems for human rights protection, organized by the
Inter-American Commission on Human Rights and the Washington College of Law.
7.
In November the Special Rapporteur spoke at the third meeting of the Ibero-American
Legal Assistance Network, in Punta del Este, Uruguay, giving a presentation on his mandate and
on international cooperation in the field of justice.
8.
In December he chaired the expert seminar referred to in section B below.
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