RES/29/6 Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers

Human Rights Council Twenty-ninth session

Agenda item 3

Resolution adopted by the Human Rights Council on 2 July 2015

29/6. Independence and impartiality of the judiciary, jurors and

assessors, and the independence of lawyers

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations as well

as by articles 7, 8, 9, 10 and 11 of the Universal Declaration of Human Rights and articles

2, 4, 9, 14 and 26 of the International Covenant on Civil and Political Rights, and bearing in

mind the Vienna Declaration and Programme of Action,

Recalling the Basic Principles on the Independence of the Judiciary, the Basic

Principles on the Role of Lawyers, the Guidelines on the Role of Prosecutors, the

Bangalore Principles of Judicial Conduct and the United Nations Principles and Guidelines

on Access to Legal Aid in Criminal Justice Systems,

Recalling also all previous resolutions and decisions of the Human Rights Council,

the Commission on Human Rights and the General Assembly on the independence and

impartiality of the judiciary and the integrity of the judicial system,

Taking note of the reports of the Special Rapporteur on the independence of judges

and lawyers submitted to the Human Rights Council at its twenty-sixth and twenty-ninth

sessions, on judicial accountability1 and on the protection of children’s rights in the justice

system,A/HRC/29/26. respectively,

Convinced that an independent and impartial judiciary, an independent legal

profession, an objective and impartial prosecution able to perform its functions accordingly

and the integrity of the judicial system are prerequisites for the protection of human rights

and the application of the rule of law and for ensuring fair trials and the administration of

justice without any discrimination,

Recalling that prosecutors should, in accordance with the law, perform their

functions fairly, consistently and expeditiously, respect and protect human dignity, and

1 A/HRC/26/32.

uphold human rights, thus contributing to due process and the smooth functioning of the

criminal justice system,

Condemning the increasingly frequent attacks on the independence of judges,

lawyers, prosecutors and court officials, in particular threats, intimidation and interference

in the discharge of their professional functions,

Recalling that every State should provide an effective framework of remedies to

redress human rights grievances or violations and that the administration of justice,

including law enforcement and prosecutorial agencies and, especially, an independent

judiciary and legal profession in full conformity with applicable standards contained in

international human rights instruments is essential to the full and non-discriminatory

realization of human rights and indispensable to the processes of democracy and

sustainable development,

Recalling also that it is essential to ensure that judges, prosecutors, lawyers and

court officials possess the professional qualifications required for the performance of their

functions through improved methods of recruitment and legal and professional training, and

through the provision of all necessary means for the proper performance of their role in

ensuring the rule of law,

Stressing the importance of ensuring accountability, transparency and integrity in the

judiciary as an essential element of judicial independence and a concept inherent to the rule

of law when it is implemented in line with the Basic Principles on the Independence of the

Judiciary and other relevant human rights norms, principles and standards,

Emphasizing that judges, prosecutors and lawyers play a critical role in upholding

human rights, including the absolute and non-derogable right of freedom from torture and

other cruel, inhuman or degrading treatment or punishment,

Emphasizing also that an independent and impartial judiciary, objective and

impartial prosecution services and an independent legal profession that foster a balanced

representation of men and women and the establishment of gender-sensitive procedures are

essential for the effective protection of women’s rights, including protection from violence

and revictimization through court systems, to ensuring that the administration of justice is

free from gender-based discrimination and stereotypes, and to a recognition that both men

and women benefit when women are treated equally by the justice sector,

Recognizing the importance of bar associations, professional associations of judges

and prosecutors, and non-governmental organizations working in defence of the principle

of the independence of judges and lawyers,

Stressing the role that independent and effective national human rights institutions

established in accordance with the principles relating to the status of national institutions

for the promotion and protection of human rights (the Paris Principles) can and should play

in strengthening the rule of law and in supporting the independence and integrity of the

judicial system,

Recognizing that legal aid is an essential element of a fair, humane and efficient

system of administration of justice that is based on the rule of law,

Acknowledging that children who come into contact with the law and/or the justice

system have rights, needs and interests that must be considered and respected, including

through the provision of child-friendly procedures, and that the administration of justice

must be in line with States’ commitments and obligations under international human rights

instruments, in particular the Convention on the Rights of the Child, and with principles

and standards relating to children, including the principles of non-discrimination and the

best interests of the child, as well as the right to life and the right of the child to express his

or her own views freely in all matters affecting him or her, the views of the child being

given due weight in accordance with the age and maturity of the child,

Reaffirming that the best interests of the child shall be a primary consideration in all

decisions concerning the child in the administration of justice, including in relation to

pretrial measures, as well as being an important consideration in all matters concerning the

child with regard to the sentencing of his or her parents, or, where applicable, legal

guardians or primary caregivers,

Noting the special needs of children in situations of vulnerability who are in contact

with justice systems, who may require particular attention, protection and skills from the

professionals interacting with them, especially from lawyers, prosecutors and judges,

Reaffirming Human Rights Council resolution 26/7 of 26 June 2014, in which the

Council extended the mandate of the Special Rapporteur on the independence of judges and

lawyers for a period of three years, and acknowledging the importance of the mandate

holder’s ability to cooperate closely, within the framework of the mandate, with the Office

of the United Nations High Commissioner for Human Rights, including in the fields of

advisory services and technical cooperation, in the effort to guarantee the independence of

judges and lawyers,

1. Calls upon all States to guarantee the independence of judges and lawyers

and the objectivity and impartiality of prosecutors, and their ability to perform their

functions accordingly, including by taking effective legislative, law enforcement and other

appropriate measures that will enable them to carry out their professional functions without

interference, harassment, threats or intimidation of any kind;

2. Encourages States to promote diversity in the composition of the members of

the judiciary, including by taking into account a gender perspective and by promoting

actively the balanced representation of women and men from various segments of society at

all levels, and to ensure that the requirements for joining the judiciary and the selection

process thereof are non-discriminatory, public and transparent, based on objective criteria,

and guarantee the appointment of individuals of integrity and ability with appropriate

training and qualifications in law, based on individual merit and under equal working

conditions;

3. Stresses that the term of office of judges, their independence, security,

adequate remuneration, conditions of service, pensions and age of retirement should be

adequately secured by law, that the security of tenure of judges is an essential guarantee of

the independence of the judiciary and that grounds for their removal must be explicit with

well-defined circumstances provided by law, involving reasons of incapacity or behaviour

that renders them unfit to discharge their functions, and that procedures upon which the

discipline, suspension or removal of a judge are based should comply with due process;

4. Encourages States to put in place legal and policy frameworks conducive to

the development and reinforcement of a child-sensitive justice system, in line with their

commitments and obligations under international human rights instruments, in particular

the Convention on the Rights of the Child, and with principles and standards relating to

children, and stresses that the rights and best interests of the child should be taken into

account by judges, prosecutors and lawyers in the performance of their functions in all

matters concerning children;

5. Also encourages States to develop, as appropriate, policies, procedures and

programmes in the area of restorative justice as part of a comprehensive justice system;

6. Further encourages States to consider, in collaboration with relevant national

entities such as bar associations, associations of judges and prosecutors, and educational

institutions assisting the judiciary, developing guidance on issues such as gender, children,

persons with disabilities, indigenous peoples, and migrants, among others, to inform the

action of judges, lawyers, prosecutors and other actors in the judicial system;

7. Calls upon States to ensure that prosecutors can perform their functional

activities in an independent, objective and impartial manner;

8. Condemns all acts of violence, intimidation or reprisal, from any quarter and

for any reason, against judges, prosecutors and lawyers, and reminds States of their duty to

uphold the integrity of judges, prosecutors and lawyers and to protect them, as well as their

families and professional associates, against all forms of violence, threat, retaliation,

intimidation and harassment resulting from the discharging of their functions, and to

condemn such acts and bring perpetrators to justice;

9. Calls upon States, in collaboration with relevant national entities such as bar

associations, associations of judges and prosecutors, and educational institutions, to provide

adequate training, including human rights training, for judges, prosecutors and lawyers,

both on initial appointment and periodically throughout their careers, taking into account

regional and international human rights law and, where applicable and relevant, the

concluding observations and decisions of human rights mechanisms, such as treaty bodies

and regional human rights courts;

10. Underscores the importance for States of developing and implementing an

effective and sustainable legal aid system that is consistent with their international human

rights obligations and takes into account relevant commitments and good practices, and of

ensuring that legal aid is available at all stages of the criminal justice process, subject to

appropriate eligibility criteria and in accordance with international human rights law;

11. Urges all Governments to cooperate with and to assist the Special Rapporteur

on the independence of judges and lawyers in the performance of his or her tasks, to

provide all information requested and to respond to communications transmitted to them by

the Special Rapporteur without undue delay;

12. Invites the Special Rapporteur to collaborate with relevant stakeholders

within the United Nations system in the areas pertaining to the mandate;

13. Calls upon Governments to give serious consideration to responding

favourably to the requests of the Special Rapporteur to visit their country, and urges States

to enter into a constructive dialogue with the Special Rapporteur with respect to the follow-

up to and implementation of his or her recommendations to enable him or her

to fulfil the mandate even more effectively;

14. Encourages the Special Rapporteur to facilitate the provision of technical

assistance and capacity-building and the dissemination of best practices, including through

engagement with relevant stakeholders and in consultation with the Office of the United

Nations High Commissioner for Human Rights, when requested by the State concerned,

with a view to establishing and strengthening the rule of law, paying particular attention to

the administration of justice and the role of an independent and competent judiciary and

legal profession;

15. Encourages Governments that face difficulties in guaranteeing the

independence of judges and lawyers, the objectivity and impartiality of prosecutors and

their ability to perform their functions accordingly, or that are determined to take measures

to implement these principles further to consult and to consider the services of the Special

Rapporteur, for instance by inviting him or her to their country;

16. Also encourages Governments to give due consideration to recommendations

made by United Nations human rights mechanisms, and to implement supported

recommendations of the universal periodic review process, addressing the independence

and effectiveness of the judiciary and their effective implementation, and invites the

international community, regional organizations and the United Nations system to support

any implementation efforts;

17. Invites United Nations agencies, funds and programmes to continue their

activities in the areas of the administration of justice and the rule of law, including at the

country level at the request of the State, encourages States to reflect such activities in their

national capacity-building plans, and emphasizes that institutions concerned with the

administration of justice should be properly funded;

18. Encourages States to ensure that their legal frameworks, implementing

regulations and judicial manuals are fully in line with their international obligations and

take into account relevant commitments in the areas of the administration of justice and the

rule of law;

19. Decides to continue consideration of this issue in accordance with its annual

programme of work.

42nd meeting

2 July 2015

[Adopted without a vote.]