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Formulation and Application of United Nations Standards and Norms in Criminal Justice: Guidelines on the Independence of the Judiciary

NCJ Number
138178
Date Published
1985
Length
14 pages
Annotation
This report presents and explains the guidelines on the independence of the judiciary that were developed by the United Nations Committee on Crime Prevention and Control in accordance with Resolution 16 of the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.
Abstract
The guidelines rest on the basic principle that justice requires that everyone should be entitled to a fair and public hearing by a competent, independent, and impartial tribunal, in accordance with the principles proclaimed in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and other United Nations instruments. Thus, the judiciary must be separate from other functions of government, and citizens should not be brought before ad hoc tribunals. The guidelines also cover freedom of expression and association; qualifications, selection, and training; functions, promotion, and transfer; tenure; professional duties and immunities; disqualification; discipline and removal; and court administration. Note and text of draft resolution