RES/35/11 Mandate of the Special Rapporteur on the independence of judges and lawyers

GE.17-11523(E)

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Human Rights Council Thirty-fifth session

6–23 June 2017

Agenda item 3

Resolution adopted by the Human Rights Council on 22 June 2017

35/11. Mandate of the Special Rapporteur on the independence of

judges and lawyers

The Human Rights Council,

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

well as those of the Commission on Human Rights and the General Assembly, on the

independence of the judiciary and on the integrity of the judicial system,

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 essential prerequisites for the protection of

human rights and fundamental freedoms and the application of the rule of law, and for

ensuring fair trials without any discrimination,

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 Human Rights Council resolutions 5/1, on institution-building of the

Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the

Council, of 18 June 2007, and stressing that the mandate holder shall discharge his or her

duties in accordance with those resolutions and the annexes thereto,

1. Commends the Special Rapporteur on the independence of judges and

lawyers for the important work undertaken in the discharge of the mandate;

2. Decides to extend the mandate of the Special Rapporteur on the

independence of judges and lawyers for a period of three years, on the same terms as

provided by the Human Rights Council in its resolution 26/7 of 26 June 2014;

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

the performance of his or her tasks, to provide all necessary information requested by him

or her, to respond to communications transmitted to them by the Special Rapporteur

without undue delay, to consider responding favourably to his or her requests for visits and

to consider implementing his or her recommendations;

4. Encourages the United Nations, including its specialized agencies, and

regional organizations, national human rights institutions, independent experts, bar

associations, professional associations of judges and prosecutors, non-governmental

organizations and other relevant stakeholders, to cooperate to the fullest extent possible

with the Special Rapporteur in the fulfilment of his or her mandate;

5. Requests the Secretary-General and the United Nations High Commissioner

for Human Rights to provide the Special Rapporteur with all the human and financial

resources necessary for the effective fulfilment of his or her mandate;

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

programme of work.

34th meeting

22 June 2017

[Adopted without a vote.]