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

1990/33. Independence and impartiality of the Judiciary, jurors and assessors and the independence of lawyers

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 the adoption by the Economic and Social Council in its resolution 1989/60 of 24 May 1989 of the Procedures for Effective Implementation of the Basic Principles on the Independence of the Judiciary, Recalling also its own resolution 1989/32 of 6 March 1989 in which it requested the Sub-Commission on Prevention of Discrimination and Protection of Minorities to consider effective means to monitor the implementation of the Basic Principles on the Independence of the Judiciary and the protection of practising lawyers, Convinced that an independent and impartial judiciary is an essential prerequisite for ensuring that human rights are protected and that there shall be no discrimination in the administration of justice, Aware that adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession, Disturbed at the continued harassment and persecution of judges and lawyers in many countries,

1. Calls upon Governments to respect the independence of the judiciary and ensure the protection of practising lawyers, prosecutors and judges against undue restrictions and pressures in the exercise of their functions;

2. Welcomes the close co-operation between the Centre for Human Rights and the Centre for Social Development and Humanitarian Affairs on matters relating to human rights in the administration of justice, in accordance with Commission resolutions 1987/33 of 10 March 1987, 1988/33 of 8 March 1988 and 1989/24 of 6 March 1989;

3. Endorses Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1989/22 of 31 August 1989, in which it invited Mr. Louis Joinet to prepare a working paper on means in the area of monitoring by which the Sub-Commission could assist in ensuring respect for the independence of the judiciary and the protection of practising lawyers;

4. Requests the Sub-Commission to study the working paper with a view to recommending to the Commission any initiatives which could be taken to effectuate the implementation of the Basic Principles on the Independence of the Judiciary and the protection of practising lawyers;

5. Notes with satisfaction that the Committee on Crime Prevention and Control has taken into account the draft declaration prepared by the Special Rapporteur on the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers in completing its elaboration of the draft basic principles on the role of lawyers, as requested by the Commission in its resolution 1989/32,

6. Recommends that the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in 1990, consider as a matter of priority the draft basic principles on the role of lawyers elaborated by the Committee on Crime Prevention and Control, with a view to their adoption;

7. Decides to consider the question of the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers at its forty-seventh session under the agenda item "Question of the human rights of all persons subjected to any form of detention or imprisonment".

48th meeting
2 March 1990
[Adopted without a vote. See chap. X.]
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