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UNCJIN | |||||||||||||||||||||||
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Basic Principles on the Independence of the Judiciary
Adopted by the Seventh Crime Congress, Milan, 26 August-6 September 1985, The independence of the judiciary shall be guaranteed by the State and enshrined in the constitution or law of the country. The judiciary shall decide matters before them with impartiality on the basis of facts, in accordance
with the law, without any improper influences or pressures. Everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures. Tribunals that do not use established legal procedures shall not be created to displace the jurisdiction belonging to ordinary courts. Members of the judiciary, like other citizens, are entitled to freedom of expression, belief, association and assembly; however, judges shall always conduct themselves in a manner so as
to preserve the dignity of their office and the impartiality and independence of the judiciary. Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law. In selection of judges, there shall be no discrimination on the basis of race, color, sex, religion, political or other opinion, national or social origin, property, birth or status. The term of office and conditions of service for judges shall be secured by
law. Judges shall have guaranteed tenure until retirement or expiration of their term of office. Assignment of cases to judges is an internal matter of judicial administration. The judiciary shall be bound by professional secrecy concerning their deliberations and shall not be compelled to testify on such matters. Without prejudice to any disciplinary procedure or to any right of appeal or compensation from the State, judges should enjoy personal immunity from civil suits for
monetary damages for improper acts or omissions in the exercise of their judicial functions. A judge shall have the right to a fair hearing on charges or complaints against her/him. Judges shall be subject to suspension or removal only for reasons of incapacity or behavior that renders them unfit to discharge their duties. Decisions in disciplinary, suspension or removal proceedings should be subject to an independent review, except concerning decisions by the highest court and those of
the legislature in impeachment or similar proceedings. | |||||
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