The Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, presented a report to the Human Rights Council. The report addresses the human right to participate in political life and the importance of the rule of law and the independence of the judiciary in protecting this right. It also looks at the threats and obstacles faced by the legal professionals who make up the justice system – judges, prosecutors and lawyers, as well as community justice workers – in safeguarding democracy. It concludes with recommendations to states and justice system actors on steps they can take to resist autocratic tendencies and promote participatory governance.
It argues that in 2024, people in more than 60 countries, almost half the world’s population, will vote, but elections alone do not guarantee meaningful democracy, as there are countries where multi-party elections take place but there are insufficient safeguards to ensure that they are free and fair. The rule of law guarantees that all citizens are subject to the same laws, and it usually requires a separation of powers, with the judiciary ensuring that the executive and the legislature act according to the law. The judiciary must therefore be independent of political control. But, as the Special Rapporteur points out, the rule of law is weakening, as is the ability of the judiciary to effectively check excesses.
The report focuses on trends that threaten the ability of the judicial system to uphold the rule of law. The rule of law requires judicial independence, which plays an important role in securing participatory rights. If judges are not independent, they may struggle to apply the law equally to powerful political actors or to uphold fundamental democratic rights in the face of government pressure. International human rights law requires states to guarantee judicial independence.
The report also highlights the challenges to democratic governance around the world, which are becoming more subtle and often target justice systems and institutions. Even apparently democratic elected leaders prevent justice sector personnel from playing their essential role in protecting the rule of law and democratic processes, or even co-opt the judicial apparatus for use against political opponents.
The report examines the essential role of the legal professionals who make up the justice system – judges, prosecutors and lawyers, as well as community justice workers (CJWs) – in safeguarding democracy. It examines the specific roles that different members of the judiciary – judges, prosecutors, lawyers and often CJWs – play in ensuring that governments work for the people, represent their views and respect their rights.
The report also outlines the threats and obstacles faced by legal professionals in carrying out their professional activities. These include changes to capture (i.e. unduly increasing executive or legislative control over courts and judges) or to limit judicial institutions (courts and bar associations). Another threat is the misuse of justice systems to influence or control (such as politically motivated prosecution of judges, prosecutors, lawyers and CJWs; instrumentalisation of discipline, removal and disbarment; and manipulation of conditions of service). Threats also include attacks on and interference with the judiciary (government vilification and harmful labelling), harassment and intimidation, arbitrary detention, torture, enforced disappearances, physical attacks and assassinations.
The Special Rapporteur makes a number of recommendations to States and justice system actors on steps they can take to counter autocratic tendencies and promote participatory governance. She recommends to States that any acts of violence or threats of violence, or any form of intimidation, coercion or improper interference against judges, prosecutors, lawyers or CJWs should be duly investigated and steps taken to prevent their recurrence in the future. It makes further recommendations to ensure the independence of the judiciary; to ensure the proper functioning of the prosecution service; to protect the free exercise of the legal profession; to ensure that CJWs can raise awareness of the law, secure remedies for violations and build trust in institutions, which in turn strengthens democracy.
She also recommends that the State and judicial actors take a public stance in favour of judicial independence, the separation of powers, the rule of law and participatory governance. Finally, she offers specific advice and recommendations to the judiciary, lawyers and bar associations.
Know more
On the HRC 56th session report of the SR on the independence of judges and lawyers (unedited version)
On the Special Rapporteur on the independence of judges and lawyers
https://www.ohchr.org/en/special-procedures/sr-independence-of-judges-and-lawyers
July 2024