NCJ Number
145499
Date Published
1990
Length
18 pages
Annotation
Basic Principles on the Independence of the Judiciary are discussed.
Abstract
In 1985, the Seventh Congress on the Prevention of Crime and the Treatment of Offenders adopted the Basic Principles on the Independence of the Judiciary (BP). Member states were invited to inform the Secretary-General every 5 years, beginning in 1988, on the progress achieved in the implementation of the BP. As of April 1990, 72 states, representing less than one-half of the United Nations (UN) membership, had responded. This report summarizes and analyzes the replies received from the member states as well as information provided by the UN institutes on crime prvention and criminal justice, intergovernmental organizations, and nongovernmental organizations in consultative status. Special attention is given to the dissemination of the BP, the problems encountered in their implementation, qualifications and status of judges, and suggestions for the further implementation of the BP, including the role of the UN. The majority of reporting states indicated that the provisions of the BP were already embodied in the constitution or laws of their countries and that the BP had been published in the main languages of their countries. Several states observed that the BP had been used in seminars and training courses at the professional and paraprofessional levels. Difficulties encountered with implementation of the BP included budgetary constraints, language difficulties, and the lack of financially independent judiciaries, making judges more susceptible to undue pressure and corruption. Although the replies indicated that the BP are considered an important basis for protecting human rights, some reporting states observed that independence and impartiality had little meaning where judges were under constant physical threat and psychological pressure. The majority of reporting states stated that the UN should continue to play a major role in promoting and disseminating the BP by providing, inter alia, regional and international seminars, training courses, and technical assistance. Replies from nongovernmental organizations observed that the BP were not always fully respected.