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Legal Digest of International Fair Trial Rights
and in providing education and training on the role of the judiciary and the legal profession
in society;
(20.2) – promote and facilitate dialogue, exchanges and co-operation among national associations and other groups interested in ensuring respect for the independence of
the judiciary and the protection of lawyers;
(20.3) – co-operate among themselves through, inter alia, dialogue, contacts and exchanges
in order to identify where problem areas exist concerning the protection of the independence of judges and legal practitioners and to develop ways and means to address and resolve
such problems;
(20.4) – co-operate on an ongoing basis in such areas as the education and training of judges
and legal practitioners, as well as the preparation and enactment of legislation intended to
strengthen respect for their independence and the impartial operation of the public judicial
service.
Document of the Moscow Meeting of the Conference on the Human Dimension of
the CSCE, Moscow 1991.
Article 14(1) of the ICCPR and article 6(1) of the ECHR guarantee for every person a fair trial before an “independent and impartial tribunal established by law”.164 Article 14(1) of the
ICCPR adds that such a tribunal must be “competent”. OSCE participating States have committed to respecting the internationally recognized standards that relate to the independence
of judges and legal practitioners and the impartial operation of the public judicial service.165
OSCE participating States have also undertaken to co-operate on an ongoing basis in such areas as the education and training of judges and legal practitioners and, more in particular, have
recognized the important function national and international associations of judges and lawyers can perform in strengthening respect for the independence of their members and in providing education and training on the role of the judiciary and the legal profession in society.166
The notion of a “tribunal” is described by the Human Rights Committee as “a body, regardless
of its denomination, that is established by law, is independent of the executive and the legislative branches of government or enjoys in specific cases judicial independence in deciding legal
matters in proceedings that are judicial in nature”.167 The European Court of Human Rights
164 Article 10 of the Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly
under its resolution 217 (III) of 10 December 1948, uses more simple language, referring only to the right
to a fair and public hearing by “an independent and impartial tribunal”.
165 Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE, Moscow
1991, p. 112, para 19.1.
166 Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE, Moscow
1991, p. 113, paras 20.1–20.4.
167 UN Human Rights Committee, CCPR General Comment 32 (2007), para 18.
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