WUNRN

http://www.wunrn.com

 

If we look recently at the case of the young woman hung to death in Iran, and the 23 women human rights defenders sentenced to 3 years in prison (after time in prison waiting for trial), we see examples of how judicial accountability can be exceedingly important to women. We see human rights advocates, citizens against corporate abuse, extremely poor women trying to get justice for violation of their rights, and the challenges on all levels for defending our human rights as women in this complex world. This report by the UN Special Rapporteur on the Indpendence of Judges and Lawyers, is an important resource.

 

This Special Rapporteur also presented at our UN Panel Against Stoning of Women at the Human Rights Council in Geneva. Her Statement at this Panel is Attached.

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Website of the UN Special Rapporteur on the Independence of Judges & Lawyers, Ms. Gabriela Knaul:

http://www.ohchr.org/EN/Issues/Judiciary/Pages/IDPIndex.aspx

 

Direct Link to Full 24-Page 2014 Report:

http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session26/Documents/A_HRC_26_32_ENG.DOC

Type clearer for easier reading.

 

 

 

 

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Conclusions

106.               Accountability, as a component of the rule of law, implies that nobody is above the law, including judges, prosecutors and lawyers. Judicial accountability exists to avoid the improper, inadequate or unethical behaviour of justice operators and, as such, it is closely related to judicial independence. Judicial independence is not absolute, but limited by the framework set by judicial accountability which, in turn, must respect the fundamental principles of the independence of the judiciary and the separation of powers, and its proceedings must be in line with international standards of due process and fair trial.

107.               Judicial accountability can take many forms. Its mechanisms and proceedings should encompass not only justice operators, but also the justice system as a whole. Embracing both an individual and institutional perspective, judicial accountability should respect fundamental human rights principles, guarantee fair proceedings and follow clear procedures and objective criteria provided for by the law, and be grounded on established standards of professional conduct in order to avoid it being used as a means of interfering with the work of members of the judiciary and hampering their independence and that of the legal profession.

108.               Important challenges remain for the implementation of judicial accountability, such as corporatism, the use of such accountability as an instrument of reprisal or external and internal pressure against justice operators and the lack of international standards to help States overcome those difficulties. The Special Rapporteur believes it is time for States to develop and adopt international standards of judicial accountability to guide and frame the establishment of domestic systems of judicial accountability that are effective, objective, transparent and in line with international human rights law.