WUNRN
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:
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.