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ENHANCING JUDICIARY`S ABILITY TO CURB CORRUPTION - A PRACTICAL GUIDE
37
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
B39. Judicial officials cannot be
politically affiliated and cannot
perform duties in the executive
or other official body if these
affect their independence.
II.1.
pg.48
Value
4.11
A 8
A 9
R1: Part 2:
GPC3 R4:
14.1;
7.1,
7.2,
F.35,
F.37
P. 4, p. 29
P. 4, p. 17;
P. 5, p. 28,
p. 30; P.
6, p. 33; P.
6, p. 37
A. 36,
38,
39,
40
A.22
P. 27
, I
IMPARTIALITY
C1. The composition of the
court or judicial panel has to
be determined using objective
criteria.
II.1.
pg.48
P. 3, p. 2
P. 3, p. 14;
P. 4, p. 23
A. 11,
12
A. 45,
46
C2. There should be specific
rules to enable judges and
prosecutors to avoid conflicts
of interests and appropriate
procedures for judges and
prosecutors to withdraw from
cases.
IV pg.25
R2: Part
2: 4.4; R4:
13.2; R4:
13.2;
7.8,
8.2
G.44,
G.45
P. 3, p. 3
(c), V P. 3, p. 19
P. 4, p. 17,
p. 18; P. 6,
p. 37; P. 7,
p. 39
A.
21.3
C3. Situations in which a judge
or a prosecutor must step down
from a case […]
II.4.
pg.11
Value
2.5;
Value
4.4
P. 3, p. 3
(c), V
Pg.
29-31
Pg.
17-18
C4. The law contains special
provisions that entitle parties to
ask for a judge or a prosecutor
to withdraw from a case in
certain situations […]
Value
4.10
A 8
A 9 R4: 12.2
P. 1, p. 2
(f); P. 3, p.
3 (c), V
P. 3, p. 16
Pg.
29-31
Pg.
17-18
C5. The judge and the
prosecutor conducts the
proceedings always observing
that all the parties enjoy the
same rights and have the
possibility to exercise them
II.4.
pg.52
Value
5
pg. 3
R4: 12.2 A 14
,1.
P. 3, p. 1, V
P. 4, p. 17,
p. 18, p.
20, p. 21
A. 69
C6. All the parties are allowed to
respond to the evidence and are
treated equally
P. 4, p.17,
p.18, p.20,
p.21
A. 69
C7. The judges shall apply the
same analysis system of the
evidence to all similar cases
and impose the same sanctions
to similar crimes, irrespective
of the position or quality of the
parties. […]
pg. 10
R1: Part 1:
1.2.
P. 3, p. 3
(a), (b), V
C8. The judicial decisions
are always reasoned and the
reasoning includes sufficient
arguments to convince the
parties and any independent
reader that all the evidence has
been heard and analyzed on
the legal grounds on which each
of them has been accepted or
dismissed. […]
P. 3, p. 3
(f), V
P. 3, p. 14;
P. 4, p. 17,
p. 18, p.
20, p. 21;
P. 4, p. 23;
P. 5, p. 24
A. 6.1 Pg. 45 Pg. 21
INTEGRITY
D1. Judicial officials shall not
request, nor accept directly, or
through close relatives or any
other middlemen, any gift or
financial or non-financial reward
for performing their duties.
II.4.5
pg.18
6
Value
4.14
pg. 3
A 8
A 9
R2: Part
2: 6.1 R4:
14.1;
P. 3, p. 3
(a), V
D2. Undue influence and
corruption of judicial officials
are subject to prosecution and
sanctions. Prosecution and
sanctions apply both to the
judicial official being corrupted
and those exerting the influence
art.6 p.2
pg.7
A 8
A 9
R1: Part1:
1.2; 2.1 2.6;
R1: Part2:
GPC3
Part3:
1.3.1.;
R4:16
P. 1, p.
2 (d)
P. 4, p. 22