Special Rapporteur on the Independence of Judges and Lawyers

Introduction

At its fiftieth session, the Commission on Human Rights, in resolution 1994/41, noting both the increasing frequency of attacks on the independence of judges, lawyers and court officials and the link which exists between the weakening of safeguards for the judiciary and lawyers and the gravity and frequency of violations of human rights, requested the Chairman of the Commission to appoint, for a period of three years, a special rapporteur whose mandate would consist of the following tasks:

a) to inquire into any substantial allegations transmitted to him and to report his conclusions thereon;

b) to identify and record not only attacks on the independence of the judiciary, lawyers and court officials but also progress achieved in protecting and enhancing their independence, and make concrete recommendations including the provision of advisory services or technical assistance when they were requested by the State concerned;

c) to study, for the purpose of making proposals, important and topical questions of principle with a view to protecting and enhancing the independence of the judiciary and lawyers.

In the discharge of these functions:

(a) The Special Rapporteur acts on information submitted to his attention regarding alleged violations regarding the independence and impartiality of the judiciary and the independence of the legal profession by sending allegation letters and urgent appeals to concerned Governments to clarify and/or bring to their attention these cases. See Individual Complaints

(b) The Special Rapporteur conducts country visits upon the invitation of the Government. The Special Rapporteur submits a report of the visit to the Commission on Human Rights, presenting his findings, conclusions and recommendations. See Country Visits

(d) Annually, the Special Rapporteur reports about the activities undertaken by the Special Rapporteur during the year, highlighting important issues or areas of concern, summarizing the communications sent to, and received from, Governments and including comments by the Special Rapporteur on various country situations. See Annual Reports

Special Rapporteur

· Mr. Leandro Despouy (Argentina), since August 2003

· Mr. Param Cumaraswamy (Malaysia), since 1994 - July 2003