   Everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures. Tribunals that do not use the duly established procedures of the legal process shall not be created to displace the jurisdiction belonging to the ordinary courts or judicial tribunals. The principle of the independence of the judiciary entitles and requires the judiciary to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected. It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions. 80. Independence of judges and lawyers is now considered to be a principle of customary international law and a general principle of international law. 647 It is an absolute principle and ‘a prerequisite to the rule of law’. 648 The principle presumes the following:   Freedom from direct or indirect influence from other branches of power, including the executive and legislature.649 This also includes the need for the independence from other actors.650 This independence must be ‘guaranteed by the state and enshrined in the constitution or law of the country’.651 81. Particularly important in this context is the independence of the prosecutor.652 The UN Guidelines on the Role of Prosecutors provide that office of the prosecutor should be ‘strictly separated from judicial functions’ and that prosecutors should carry out their functions ‘impartially and avoid all political, social, religious, racial, cultural, sexual or any other kind of discrimination’.653 The Inter-American Commission on Human Rights has held that prosecutors ‘must be an organ independent of the executive branch and must have the attributes of irremovability and other constitutional guarantees afforded to members of the judicial branch’.654 82. How the members of the judiciary are appointed is also relevant to their independence.655 Appointment by the executive will not necessarily violate the requirement of independence,656 provided appointees are free from influence or pressure when carrying out their adjudicatory role. Independence does not 647 Report of the Special Rapporteur on the independence of judges and lawyers, 24 March 2009, A/HRC/11/41, para 14. 648 Bangalore Principles of Judicial Conduct. 649 Human Rights Committee, CCPR/C/GC/32, para 19. 650 Human Rights Committee, General Comment No.32, para 25; UN Basic Principles on the Independence of the Judiciary, UN GA Res.40/32, 40/146, 1985, para 4. 651 Basic Principles; see also Beijing Statement of Principles of the Independence of the Judiciary in the LAWAISA Region, principle 4. 652 Special Rapporteur on the Independence of judges and lawyers, E/CN.4/2006/52/Add.4, para 86. 653 Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990, paras 10 and 13(a) respectively. 654 Inter-American Commission of Human Rights, Report on the Situation of Human Rights in Mexico, OEA/Ser.L/V/II.100, Doc. 7 rev. 1, para. 372. 655 General Comment No.32, CCPR/C/GC/32 (2007), para 19. 656 Campbell v Fell v UK, [1984] ECHR 8, para 79. 114