IX. Court proceedings
1. States should ensure the independence and impartiality of the judiciary
in accordance with the principle of separation of powers.
2. Safeguards should be put in place to ensure that lawyers, prosecutors
and judges do not fear reprisals for exercising their functions.
3. Proceedings should be concluded within a reasonable time. States
should ensure that the necessary means are at the disposal of the judicial and
investigative authorities to this end.
4. Persons accused of having committed serious human rights violations
have the right to a fair and public hearing within a reasonable time by an
independent and impartial tribunal established by law.
X. Sentences
While respecting the independence of the courts, when serious human rights
violations have been proven, the imposition of a suitable penalty should follow. The sentences which are handed out should be effective, proportionate
and appropriate to the offence committed.
XI. Implementation of domestic court judgments
Domestic court judgments should be fully and speedily executed by the
competent authorities.
XII. International co-operation
International co-operation plays a significant role in combating impunity. In
order to prevent and eradicate impunity, states must fulfil their obligations,
notably with regard to mutual legal assistance, prosecutions and extraditions,
in a manner consistent with respect for human rights, including the principle
of “non-refoulement”, and in good faith. To that end, states are encouraged to
intensify their co-operation beyond their existing obligations.
XIII. Accountability of subordinates
While the following of orders or instructions from a superior may have a bearing
on punishment, it may not serve as a circumstance precluding accountability
for serious human rights violations.
Appendices ► Page 127
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