Basic Principles on the Independence of the Judiciary Adopted by the Seventh United Nations Congress on the Prevention of Crime

and the Treatment of ffenders held at !ilan from "# August to # September $%&' and endorsed by (eneral Assembly resolutions )*+," of "% November $%&' and )*+$)# of $, -ecember $%&' .hereas in the Charter of the United Nations the peoples of the /orld affirm0 inter alia 0 their determination to establish conditions under /hich 1ustice can be maintained to achieve international co2operation in promoting and encouraging respect for human rights and fundamental freedoms /ithout any discrimination0 .hereas the Universal -eclaration of 3uman 4ights enshrines in particular the principles of e5uality before the la/0 of the presumption of innocence and of the right to a fair and public hearing by a competent0 independent and impartial tribunal established by la/0 .hereas the International Covenants on 6conomic0 Social and Cultural 4ights and on Civil and Political 4ights both guarantee the e7ercise of those rights0 and in addition0 the Covenant on Civil and Political 4ights further guarantees the right to be tried /ithout undue delay0 .hereas fre5uently there still e7ists a gap bet/een the vision underlying those principles and the actual situation0 .hereas the organi8ation and administration of 1ustice in every country should be inspired by those principles0 and efforts should be underta9en to translate them fully into reality0 .hereas rules concerning the e7ercise of 1udicial office should aim at enabling 1udges to act in accordance /ith those principles0 .hereas 1udges are charged /ith the ultimate decision over life0 freedoms0 rights0 duties and property of citi8ens0 .hereas the Si7th United Nations Congress on the Prevention of Crime and the Treatment of ffenders0 by its resolution $#0 called upon the Committee on Crime Prevention and Control to include among its priorities the elaboration of guidelines relating to the independence of 1udges and the selection0 professional training and status of 1udges and prosecutors0 .hereas it is0 therefore0 appropriate that consideration be first given to the role of 1udges in relation to the system of 1ustice and to the importance of their selection0 training and conduct0 The follo/ing basic principles0 formulated to assist !ember States in their tas9 of securing and promoting the independence of the 1udiciary should be ta9en into account

and respected by (overnments /ithin the frame/or9 of their national legislation and practice and be brought to the attention of 1udges0 la/yers0 members of the e7ecutive and the legislature and the public in general: The principles have been formulated principally /ith professional 1udges in mind0 but they apply e5ually0 as appropriate0 to lay 1udges0 /here they e7ist: Independence of the 1udiciary $: The independence of the 1udiciary shall be guaranteed by the State and enshrined in the Constitution or the la/ of the country: It is the duty of all governmental and other institutions to respect and observe the independence of the 1udiciary: ": The 1udiciary shall decide matters before them impartially0 on the basis of facts and in accordance /ith the la/0 /ithout any restrictions0 improper influences0 inducements0 pressures0 threats or interferences0 direct or indirect0 from any 5uarter or for any reason: ,: The 1udiciary shall have 1urisdiction over all issues of a 1udicial nature and shall have e7clusive authority to decide /hether an issue submitted for its decision is /ithin its competence as defined by la/: ): There shall not be any inappropriate or un/arranted interference /ith the 1udicial process0 nor shall 1udicial decisions by the courts be sub1ect to revision: This principle is /ithout pre1udice to 1udicial revie/ or to mitigation or commutation by competent authorities of sentences imposed by the 1udiciary0 in accordance /ith the la/: ': 6veryone shall have the right to be tried by ordinary courts or tribunals using established legal procedures: Tribunals that do not use the duly established procedures of the legal process shall not be created to displace the 1urisdiction belonging to the ordinary courts or 1udicial tribunals: #: The principle of the independence of the 1udiciary entitles and re5uires the 1udiciary to ensure that 1udicial proceedings are conducted fairly and that the rights of the parties are respected: ;: It is the duty of each !ember State to provide ade5uate resources to enable the 1udiciary to properly perform its functions: <reedom of e7pression and association &: In accordance /ith the Universal -eclaration of 3uman 4ights0 members of the 1udiciary are li9e other citi8ens entitled to freedom of e7pression0 belief0 association and assembly= provided0 ho/ever0 that in e7ercising such rights0 1udges shall al/ays conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the 1udiciary:

%: Judges shall be free to form and 1oin associations of 1udges or other organi8ations to represent their interests0 to promote their professional training and to protect their 1udicial independence: >ualifications0 selection and training $*: Persons selected for 1udicial office shall be individuals of integrity and ability /ith appropriate training or 5ualifications in la/: Any method of 1udicial selection shall safeguard against 1udicial appointments for improper motives: In the selection of 1udges0 there shall be no discrimination against a person on the grounds of race0 colour0 se70 religion0 political or other opinion0 national or social origin0 property0 birth or status0 e7cept that a re5uirement0 that a candidate for 1udicial office must be a national of the country concerned0 shall not be considered discriminatory: Conditions of service and tenure $$: The term of office of 1udges0 their independence0 security0 ade5uate remuneration0 conditions of service0 pensions and the age of retirement shall be ade5uately secured by la/: $": Judges0 /hether appointed or elected0 shall have guaranteed tenure until a mandatory retirement age or the e7piry of their term of office0 /here such e7ists: $,: Promotion of 1udges0 /herever such a system e7ists0 should be based on ob1ective factors0 in particular ability0 integrity and e7perience: $): The assignment of cases to 1udges /ithin the court to /hich they belong is an internal matter of 1udicial administration: Professional secrecy and immunity $': The 1udiciary shall be bound by professional secrecy /ith regard to their deliberations and to confidential information ac5uired in the course of their duties other than in public proceedings0 and shall not be compelled to testify on such matters: $#: .ithout pre1udice to any disciplinary procedure or to any right of appeal or to compensation from the State0 in accordance /ith national la/0 1udges should en1oy personal immunity from civil suits for monetary damages for improper acts or omissions in the e7ercise of their 1udicial functions: -iscipline0 suspension and removal $;: A charge or complaint made against a 1udge in his+her 1udicial and professional capacity shall be processed e7peditiously and fairly under an appropriate procedure: The 1udge shall have the right to a fair hearing: The e7amination of the matter at its initial stage shall be 9ept confidential0 unless other/ise re5uested by the 1udge:

$&: Judges shall be sub1ect to suspension or removal only for reasons of incapacity or behaviour that renders them unfit to discharge their duties: $%: All disciplinary0 suspension or removal proceedings shall be determined in accordance /ith established standards of 1udicial conduct: "*: -ecisions in disciplinary0 suspension or removal proceedings should be sub1ect to an independent revie/: This principle may not apply to the decisions of the highest court and those of the legislature in impeachment or similar proceedings: