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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