Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers.

1986/32. Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers[1]99

The Commission on Human Rights, Guided by the principles embodied in articles 7, 8, 10 and 11 of the Universal Declaration of Human Rights and articles 2, 14 and 26 of the International Covenant on Civil and Political Rights, Recalling Economic and Social Council decision 1980/124 of 2 may 1980, by which the Council took note of Commission resolution 16 (XXXVI) of 29 February 1980, recommending the appointment of a special rapporteur on the independence and impartiality of the Judiciary, jurors and assessors and the independence of lawyers, Aware of the essential role that judges, jurors, assessors and lawyers play in the protection and promotion of human rights and fundamental freedoms, Convinced that an independent and impartial judiciary and independent lawyers are essential prerequisites for ensuring that there shall be no discrimination in the administration of justice, Having regard to resolution 1983/38 adopted by the Sub-Commission on Prevention of Discrimination and Protection of Minorities on 6 September 1983, in which the Sub-Commission requested the Special Rapporteur consider the most appropriate means by which the international community could contribute to strengthening legal institutions, Noting Sub-Commission resolution 1984/11 of 29 August 1984 and decision 1985/107, of 27 August 1985, in which, inter alia, the Sub-commission requested the Special Rapporteur to take into account any comments received from members of the Sub-Commission when presenting his report to it at its thirty-ninth session, Recalling also General Assembly resolution 40/146 , of 13 December 1985, in which the Assembly encouraged the Sub-Commission, in giving further consideration to the issue of the independence and impartiality of the Judiciary, jurors and assessors and the independence of lawyers, to take into account the Basic Principles on the Independence of the Judiciary adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders[2]100 in making final recommendations at its thirty-ninth session,

1. Welcomes the completion by the Special Rapporteur, Mr. L.M. Singhvi, of his study on the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers,[3]101

2. Requests the Sub-Commission on Prevention of Discrimination and Protection of Minorities to consider the report of the Special Rapporteur as a matter of high priority with a view to submitting it to the Commission together with the Sub-Commission's final recommendations.



[1]99 Adopted at the 52nd meeting, on 11 March 1986, without a vote. See chap. XIX, Para. 492. [2]100 See A/CONF.121/22, chap. I, sect. D.2. [3]101 E/CN.4/Sub.2/1985/18 and Add.1-6.
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