A/HRC/4/25
page 6
(a)
Circumstances which could affect the independence of judges, prosecutors,
lawyers or court officials;
(b)
fair trial; or
Circumstances which could constitute a violation of international standards for a
(c)
Other factors relevant to the proper functioning of the judiciary and therefore to
the rule of law.
Urgent appeals are issued where the alleged facts indicate a degree of urgency; letters of
allegation are sent when the allegation concerns complex circumstances and further factual or
legal clarification is required before action can be taken. The Special Rapporteur may also issue
press releases if he believes that a violation of international norms has occurred or is about to
occur. Country visits may be undertaken in response to an official invitation. These visits are an
opportunity to involve all interested parties in an assessment of the broad range of topics and
circumstances directly or indirectly relevant to the judicial system. Thus, while the
communications act predominantly as a deterrent, country missions help to enhance knowledge
of the national context, to ensure an appropriate level of intervention, including on structural
matters, and to improve follow-up on recommendations.
11.
An overview is given below of the conditions and circumstances that influence the
administration of justice, whether in organizational or operational terms, as apparent from the
Special Rapporteur’s activities and missions between 1994 and 2006. Since the aim is to
distinguish different types of situation affecting the judicial system, and given the large number
of country situations the Special Rapporteur has attended to over the years, this overview will
not refer to specific countries or cases. Specific references are contained in the relevant
documents submitted annually to the Commission, and latterly to the Human Rights Council.
12.
For ease of assessment, the various situations identified have been classified as:
(a)
officials;
Circumstances affecting the independence of judges, prosecutors, lawyers or court
(b)
Standards and practices relevant to the rule of law, jeopardizing the smooth
functioning of the judicial system and the right to a fair trial;
(c)
Various specific challenges to the judiciary and its independence, for example,
states of emergency.
Most often a single complaint will raise several of these aspects together, with one violation
linked to or facilitated by others.
13.
It is worth noting that the Special Rapporteur is never concerned solely with an
individual judge or lawyer, but rather with the role that both can play in safeguarding human
rights and fundamental freedoms for the good of the population as a whole. His interest lies not
in the concerns of any particular profession, but in the central role of judges, lawyers and other
court officials in defending and safeguarding human rights and, more broadly, upholding the rule
of law.
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