Judicial accountability reform
JUDICIAL CORRUPTION FUELS IMPUNITY, CORRODES RULE OF LAW, SAYS TRANSPARENCY INTERNATIONAL REPORT
Corruption is undermining judicial systems around the world, denying citizens access to justice and the basic human right to a fair and impartial trial, sometimes even to any trial at all, according to the Global Corruption Report 2007: Corruption in Judicial Systems issued by Transparency International, the global coalition against corruption.
“Equal treatment before the law is a pillar of democratic societies. When courts are corrupted by greed or political expediency, the scales of justice are tipped, and ordinary people suffer,” said Huguette Labelle, Chair of Transparency International. “
Judicial corruption means the voice of the innocent goes unheard, while the guilty act with impunity.”The new Global Corruption Report concludes that a corrupt judiciary erodes the international community’s ability to prosecute transnational crime and inhibits access to justice and redress for human rights violations. It undermines economic growth by damaging the trust of the investor community, and impedes efforts to reduce poverty.
Transparency International offers detailed recommendations to strengthen judicial independence and fight judicial corruption, including:
Judicial appointments
1. An independent judicial appointments body should be at the heart of the judicial election process.
2.Judicial appointments should be merit-based, with clear and well publicised selection criteria; candidates should be required to demonstrate a record of competence and integrity.
3. Civil society, including professional associations linked to judicial activities, should be consulted on the merits of candidates.
Terms and conditions
4. Judicial salaries should reflect experience, performance and professional development; fair pensions should be provided on retirement.
5. Protection to safeguard salaries and working conditions against interference by the executive and legislative branches should be established.
6. Judicial transfers should be based on objective criteria to protect independent and impartial judges.
Accountability and discipline
7. Judges should receive limited immunity for actions relating to judicial duties.
8. Allegations against judges should be rigorously investigated, including by an independent body.
9. The removal process should be transparent and fair, with strict and exacting standards; if there is a finding of corruption, a judge should be liable to prosecution.
Transparency
10. The judiciary should provide the public with reliable information about activities and spending.
11. Access to information on laws, proposed changes in legislation, court procedures, judgments, judicial vacancies and appointments is needed.
12. The prosecution must conduct judicial proceedings in public and publish reasons for its decisions. Additional recommendations can be found in the Global Corruption Report 2007.
