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ENHANCING JUDICIARY`S ABILITY TO CURB CORRUPTION - A PRACTICAL GUIDE
39
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
E7. Any party has the right to an
effective appeal against a first
instance decision.
art.9.1.d
pg.28,
II.1.
pg.44
R1: Part1:
5.5.R2: Part
2: 3.1
E8. The appeal is heard by a
panel of judges, whose number
is fixed by law
pg.
24
E9. The grounds for appeal are
provided by law
R1: Part 1:
5.5.;
P. 7,
p. 5.1
P. 15, p.
76 (i), p.
77 (v)
A. 2,
Proto
col 7
pg.
24
E10. The proceedings are
recorded and their transcripts
are kept available.
Pg. 21
E11. In common law systems,
the judicial precedent is always
considered by the court before
a sentence is issued, in order
to ensure equal treatment
for the same crimes. In civil
law systems, where judicial
precedent is not mandatory,
the courts shall always look
for unitary practice in order to
ensure predictability and equal
treatment for the same crimes.
P.3,
2.2
Regarding the behavior of the judicial staff
E12. Judicial officials are
criminally liable for corruption
and disciplinarily liable for
severe misconduct. Limited
immunity for judges should be
granted in order to ensure they
deliver justice free from fear of
civil suit.
Prin
ciple
16
pg. 11 A. 21
R1:
Part1:1.2.;
2.1.; 2.6.;
8.1 G.43 32
P. 15, p. 75
A. 43
P. 24
, II;
P. 35
10.; P.
25
First
, 5.
A. 51
E13. An independent body
must investigate complaints
against judges and prosecutors
and motivate every decision in
this regard.
II.3.
pg.51
pg. 11
pg.
25
E14. Parties and civil society
may submit disciplinary
complaints against judicial
officials
R2: Part 2:
GPC9
E15. Parties can effectively
ask a judge or a prosecutor to
withdraw from a case if he/ she
has a personal or professional
interest in it
pg. 11
A. 30 A.16
P. 12
, VII
(b)
P. 35 ,
12.
E16. Judges and prosecutors
can be removed for severe
misconduct, based on a fair and
transparent procedure
Prin
ciple
20
pg. 10
Prin
ciple
21,
22
5.3
E17. Judges, prosecutors and
judicial officials are requested
to disclose their wealth and
incomes
art.9.1.e
pg.28
pg. 10
E18. If an administrative or
criminal procedure is initiated
against a judicial official, he/ she
cannot end his / her tenure upon
request, nor retire or resign in
order to avoid sanctions, until
the procedure is closed. If the
tenure ends because of severe
misconduct or corruption, judicial
officials cannot enjoy the special
pension.
R1: Part 1:
1..2.; 2.1;
R4: 16;