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

1992/33.
Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers

The Commission on Human Rights, Guide 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, Convinced that an independent and impartial judiciary and an independent legal profession are essential prerequisites for the protection of human rights and for ensuring that there shall be no discrimination in the administration of justice, Recalling that the Working Group on Enforced or Involuntary Disappearances and the Special Rapporteurs on torture and on summary and arbitrary executions also emphasize the necessity of an independent and impartial judiciary and an independent legal profession, Recalling also the Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (see A/CONF.144/28) and again inviting Governments to respect them and to take them into account within the framework of their national legislation and practice, Recalling further its resolutions 1989/32 of 6 March 1989 and 1990/33 of 2 March 1990 on effective means by which the Sub-Commission on Prevention of Discrimination and Protection of Minorities could monitor the implementation of the Basic Principles on the Independence of the Judiciary and the Protection of Practising Lawyers, as well as its resolution 1991/39 of 5 March 1991, in which it endorsed the decision of the Sub-Commission to entrust Mr. Louis Joinet with the preparation of a report on strengthening the independence of the judiciary and the protection of practising lawyers, Recalling General Assembly resolution 46/120 of 17 December 1991, in which the Assembly welcomed, inter alia, the recommendations contained in the first report of the Special Rapporteur on the independence of the judiciary and the protection of practising lawyers (E/CN.4/Sub.2/1991/30 and Add.1-4) and endorsed by the Sub-Commission in its resolution 1991/35 of 29 August 1991, including those on planning and organizing advisory services and technical assistance, and also welcomed the decision of the Sub-Commission to entrust the Special Rapporteur with the preparation of a further report, Having examined the work done by the Sub-Commission relating to the independence and impartiality of the judiciary and the independence of lawyers,

1. Welcomes the recommendations made in the report of the Special Rapporteur prepared in accordance with Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1990/23 of 30 August 1990 and Commission on Human Rights resolution 1991/39 of 5 March 1991, and which the Sub-Commission endorsed in its resolution 1991/35 of 29 August 1991;

2. Endorses the decision of the Sub-Commission to entrust the Special Rapporteur with the preparation of a report to bring to the attention of the Sub-Commission information on practices and measures which have served to strengthen or to weaken the independence of the judiciary and the legal profession in accordance with United Nations standards, paying particular attention to those elements set out in paragraph 302 of his report (E/CN.4/Sub.2/1991/30);

3. Requests the Secretary-General to provide the Special Rapporteur with all the assistance necessary for the completion of his task;

4. Recommends the following draft decision to the Economic and Social Council for adoption:

[For the text, see chap. I, sect. B, draft decision 5.) 48th meeting
28 February 1992
[Adopted without a vote. See chap. X.]