35 / 56
ENHANCING JUDICIARY`S ABILITY TO CURB CORRUPTION - A PRACTICAL GUIDE
33
Universal
Declaration of Human Rights
UNCAC
UNCAC - Technical guide
Bangalore principle for judicial conduct
33
Basic Principles on the Independence of the Judiciary
34
Procedures for Basic Principles
35
Strengthening Judicial Integrity against Corruption
36
Guidelines on the role of prosecutors
37
UN Convention Against Transnational
Organized Crime
GRECO Evaluation
International
Covenant on Civil
and Political
Rights
Montreal
Declaration
38
Ibero-American Summit
39
American Declaration of the Rights
and Duties of Man
Mt. Scopus Standards
40
IBA Minimum Standards
41
Beijing Statement
42
European Charter
43
Recommendation No. R (94) 12
44
CM(2010)147
45
Opinion no. 3 of CCJE
46
Opinion no. 1 (2000) of CCJE
47
Limassol
Conclusions (CMJA)
48
Council
Framework Decision
2001/220/JHA
49
New Delhi
Standards
50
Siracusa Principles
51
The Cairo Declaration
52
Commonwealth principles on the three branches of
Government
African charter on human and
peoples’
Rights
Plan of action for Africa on
53
African union convention on preventing and combating
corruption
Combating corruption in Judicial
Systems
Asian Human Rights Charter
EC Green Paper
54
The Universal
Charter of the judge
Beirut Declaration
European Convention of Human Rights
ECHR -Civil Limb
55
ECHR – Criminal Limb
56
GCR 2007
57
Advocacy Toolkit
58
A5. Criminal offences and guilt
are demonstrated only through
evidence obtained in accordance
with procedural rules that have
been applied in harmony with
fundamental rights.
Pg. 24
A6. Judgments and decisions
shall be grounded in the law and
the legal provisions applicable
should be indicated as such in
the decisions
R1: Part 1:
3.1; 3.2.;
P.1
P. 1, p.
2 (d)
P. 4, p. 23 A. 69
A. 1
(c)
A7. Judges, prosecutors and
court officials shall be consulted
when new legislation affecting
the functioning of the judiciary or
fundamental rights is developed.
P.2,
p.3,
p.6,
pg.
28
INDEPENDENCE
Safeguards
B1. The constitutional and legal
framework of a country provide
sufficient safeguards on the
separation of powers, thus
ensuring judiciary is independent
from the executive and the
legislative.
II.1.
pg.48
Value
1.2 A.1
R1: Part 1:
3.1; 3.2.;
2.04
2.1,
2.2,
2.3,
2.26
A.1,
A.4,
A.5
38,
39,
P. 2, p. 13 P. 3, p. 15,
p. 16
A. 11 A. 10
(x)
A. 5
P. 2
P. 25 ,
15.4a
P. 1 ,
A.2
First
, 3
B2. The legal status of judges
and prosecutors is clearly
established by the constitution
and laws, as well as their
independence […]
II.3
pg.11
6
Value
1.1
A.1,
A. 2
Proce
dure 2
A. 10 A 8
A 9
P.1
P. 1, p.1,
p.2 (b)
P. 3, p. 16 A. 16
A. 1
P. 4,
2.2.2.
P. 23
, 1.
P. 26 ,
15.4.b
P. 1
,A.1
B3. An independent and
impartial Judicial Council shall
be established by law […]
Prea
mble
R1: Part1:
5.10.; R1:
Part2:
GPC3 R4:
1.2
A.1.1 A.2,
A.5,
P. 1, p. 1,
p. 2 (c)
P. 3, p. 15
P. 17
, II)
P. 23
, I
P. 3
a. 9
Sec
ond,
12
pg.
28
Appointment of the judicial staff
B4.The appointment/election
procedure should be publicized,
contain clear and objective
criteria, allowing candidates
and the public to have a
clear understanding of the
requirements, and should
also allow for monitoring by
independent civil society groups.
pg. 9
R4: 9.3; 9.4;
4.5
12, 16
P. 7, p. 50
A. 17,
A. 32
A. 12
(xv)
A.7
P. 24
, III
pg.
27
B5. Judicial appointments
should be merit-based and take
into account of the integrity
as well as the professional
ability of the appointee.
Candidates should be required
to demonstrate a record of
competence and integrity.
II.2.
pg.49
A. 10 Proce
dure 2
A. 1 A 8
A 9
1.12
4.4 C.26 11,
12,
P. 6,
p. 2.1
P. 1, p.
2 (c)
P. 7, p. 49
A. 17,
A. 32
A.3,
A.4,
A.5
P. 24
, III; P.
35, 2
pg.
xxv
B6. The appointment/ election
procedure should contain
sufficient safeguards to ensure
that after the appointment,
no links or bondage will be
maintained between the
appointee and the appointing
committee, such as to influence
his/ her further performance.
A. 2
R4: 9.3; 9.4;
1.13
11