Adopted by United Nations General Assembly Resolutions No. 40/32 of November 29, 1985, and No. 40/146 of December 13, 1985.
Whereas the peoples of the world affirm in the Charter of the United Nations, inter alia, their determination to create conditions under which they may prevail Justice aims to achieve international cooperation in the field of promoting and encouraging respect for human rights and fundamental freedoms without any discrimination.
Whereas, the Universal Declaration of Human Rights stipulates in particular the principles of equality before the law, the presumption of innocence, and the right to a fair and public trial before a competent, independent and impartial court formed in accordance with the law.
Since the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights both guarantee the exercise of these rights, in addition to the Covenant on Civil and Political Rights also guarantees the right to be tried without undue delay.
Whereas, in many cases, there is still a gap between the vision on which these principles are based and the actual situation.
Since the organization and management of judicial affairs in each country should follow the guidance of these principles, efforts should be made to transform them fully into a tangible reality.
Whereas, the rules governing the exercise of judicial functions should aim to enable judges to act in accordance with those principles.
Whereas, judges are charged with making the final decision regarding citizens’ lives, freedoms, rights, duties, and property.
Whereas, the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in its resolution 16, requested the Commission on Crime Prevention and Control to include among its priorities the development of guidelines related to the independence of judges and the selection, professional training and status of judges and prosecutors.
Whereas, accordingly, it is appropriate to give consideration first to the role of judges in relation to the system of justice and to the importance of their selection, training and behaviour.
Governments should consider and respect, within the framework of their national legislation and practice, the following basic principles established to assist Member States in their task of ensuring and promoting the independence of the judiciary, and to present these principles to judges, lawyers, members of the executive and legislative branches and the public in general. Although these principles have been designed primarily to apply to professional judges in the first place, they apply equally, as appropriate, to non-professional judges, wherever they may be found.
Independence of the Judicial Authority:
1) The state guarantees the independence of the judiciary and is stipulated in the country’s constitution or laws. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.
2) The judicial authority shall decide the issues before it impartially, on the basis of facts and in accordance with the law, and without any restrictions or improper influences or any temptations, pressures, threats or interference, whether direct or indirect, from any party or for any reason.
3) The judicial authority shall have jurisdiction over all matters of a judicial nature, as well as the exclusive authority to decide whether any matter submitted to it for adjudication falls within the scope of its jurisdiction as defined in the law.
4) No improper or unjustified interference may occur in the judicial procedures, and judicial decisions issued by the courts shall not be subject to review, and this principle shall not prejudice judicial review or the commutation or modification of the provisions by the competent authorities, in accordance with the law. issued by the judiciary.
5) Everyone has the right to be tried before ordinary courts or judicial bodies that apply established legal procedures, and judicial bodies may not be established, which do not apply legal procedures duly established and related to judicial measures, to take away the jurisdiction enjoyed by ordinary courts or judicial bodies.
6) The principle of the independence of the judicial authority guarantees this authority and requires it to ensure the fair conduct of judicial procedures, and respect for the rights of the parties.
7) It is the duty of each member state to provide sufficient resources to enable the judiciary to perform its duties in a proper manner.
Freedom of Expression and Association:
8) According to the Universal Declaration of Human Rights, members of the judiciary, like other citizens, have the right to enjoy freedom of expression, belief, association and assembly, however, it is required that judges, when exercising their rights, always follow a path that preserves the prestige of their position and the integrity and independence of the judiciary.
9) Judges shall have the freedom to form and join associations of judges or other organizations to represent their interests, advance their professional training and protect their judicial independence.
Qualifications, selection and training:
10) Those selected to occupy judicial positions should be individuals of integrity and competence, with training or appropriate qualifications in law. Any method of selecting judges must include safeguards against improperly motivated appointments to judicial positions. In the selection of judges, no person shall be discriminated against on the grounds of race, colour, sex, religion, political or other opinions, national or social origin, property, birth or status, provided that it is not considered discriminatory to require The candidate for a judicial position must be a national of the concerned country.
Terms of Service and Duration:
11) The law shall adequately guarantee for judges the full term of office, independence, security, adequate remuneration, conditions of service, traditional pension and retirement age.
12) Judges, whether appointed or elected, shall enjoy the guarantee that they will remain in office until they reach the mandatory retirement age or the expiry of the period prescribed for their assumption of office, where applicable.
13) The system for promoting judges, where such a system exists, should be based on objective factors, in particular competence, integrity and experience.
14) Assigning cases to judges within the framework of the court to which they belong is an internal matter related to the judicial administration.
Professional secrecy and immunity:
15) Judges shall be bound to maintain professional secrecy in connection with their deliberations and confidential information which they obtain in the performance of their duties other than in public proceedings, and they shall not be compelled to testify on these matters.
16) Judges should enjoy personal immunity from civil suits for monetary compensation for improper acts or omissions committed by them during the exercise of their judicial duties, without prejudice to any disciplinary measure or any right of appeal or compensation from the state in accordance with national law.
Disciplinary, Suspension, and Dismissal:
17) The accusation or complaint filed against a judge in his judicial and professional capacity shall be considered expeditiously and fairly according to appropriate procedures, and the judge shall have the right to a fair trial. The examination of the matter in its first stage shall be confidential, unless the judge requests otherwise.
18) Judges shall not be subject to suspension or removal except for reasons of inability or for reasons of conduct that render them unfit to perform their duties.
19) All disciplinary, suspension or dismissal procedures shall be determined in accordance with the applicable standards of judicial conduct.
20) Decisions issued regarding disciplinary measures, suspensions, or dismissals should be subject to review by an independent body, and this does not apply to decisions issued by the Supreme Court or the legislative authority in cases of criminal indictment and the like.
Adopted by the General Assembly in December 1985.