CHAPTER 4: THE RULE OF LAW AND THE CORE PROTECTION MANDATE TABLE 1: STRENGTHENING THE RULE OF LAW 2 ADMINISTRATION OF JUSTICE AND JUDICIAL INSTITUTIONS 11 Is the NHRI involved in reforming and strengthening the judicial institutions? NHRI efforts in this area could focus on: 11 legislative reforms, harmonisation and compliance with international standards, removal of reservations, etc.; 11 procedures related to the appointment of prosecutors and judges and qualifying lawyers; 11 the security and working conditions of prosecutors and judges; 11 11 11 11 11 11 11 11 11 monitoring and accountability mechanisms within the judicial system, e.g. disciplinary procedures for judges; onitoring the independence and impartiality of the judiciary and its capacity to adjudicate m cases fairly and competently; equal access to fair justice, especially people living in poverty; ensuring that the NHRI undertakes monitoring activities, including monitoring of pre-hearing detention facilities; establishing a Legal Aid program and supporting the development of paralegal professionals; providing professional development for judges, lawyers, prosecutors and other judicial authorities in human rights law; rule of law training that emphasises human rights and international humanitarian law; support to legal education facilities, for example, libraries and the online publication of legal decisions and all bills and laws; and ensuring that the administration of justice conforms to human rights standards and provides effective remedies particularly to minorities and to the most vulnerable groups in society. Has the NHRI made active use of the OHCHR Professional Training Series No. 9: Manual on Human Rights for Judges, Lawyers and Prosecutors?3 POLICE AND SECURITY FORCES 11 11 Is the NHRI involved in reforming and strengthening of law enforcement and security forces? Does the NHRI regularly inspect police holding cells to ensure that human rights are respected? Does it report on those inspections and make recommendations for action as necessary? NHRI efforts in this area could focus on: 11 11 Establishing and carrying out effective and impartial vetting procedures for the recruitment of law enforcement personnel to identify persons involved in criminal acts of violence as well as corruption and other serious crimes; Professionalism in the security forces, through senior management training, including ••human rights training, ••setting up of accountability mechanisms based on the development of standard operating procedures and standing orders, ••a monitoring system to ensure their application, ••and an internal investigation procedure leading to concrete sanctions including prosecution in case of misconduct, ••arrest procedures, ••collection and preservation of evidence, ••procedures for protecting witnesses, including the confidentiality of witnesses when necessary, and ••interrogation procedures and preparation of reports. Has the NHRI made active use of the OHCHR Professional Training Series No. 5: Human Rights and Law Enforcement: A Manual on Human Rights Training for the Police?4 See OHCHR, Guidance Note: National Human Rights Institutions and the Work of OHCHR at Headquarters and Field Level, 2007. 2 3 OHCHR (2003). http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx and see also additions for recent developments 2003-2007. http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx . See also the following additions: International Human Rights Standards for Law Enforcement: A Pocket Book on Human Rights for the Police; and Human Rights and Law Enforcement: A Trainer’s Guide on Human Rights for the Police (see previous URL). 4 53