PART II
Commitments Related to Structural Components of a Democratic Society
99
Recognizing that an impartial and independent judiciary plays a vital role in ensuring due
process and protecting human rights before, during and after trials,
Recognizing that defence lawyers play a critical role in ensuring the right to a fair trial and in
the furtherance and protection of other human rights in the criminal justice system,
(…)
Brussels 2006 (Brussels Declaration on Criminal Justice Systems)
We recall the commitment of the participating States to ensure the independence of the
judiciary.
(…)
We consider that:
• Judicial independence is a prerequisite to the rule of law and acts as a fundamental guarantee of a fair trial;
• Impartiality is essential to the proper discharge of the judicial office;
• Integrity is essential to the proper discharge of the judicial office;
• Propriety, and the appearance of propriety, are essential to the performance of all the activities of a judge;
• A guarantee of equality of treatment to all before the courts is essential to the due performance of the judicial office;
• Competence and diligence are prerequisites to the due performance of the judicial office.
We consider that:
• Prosecutors should be individuals of integrity and ability, with appropriate training and
qualifications;
• Prosecutors should at all times maintain the honour and dignity of their profession and respect the rule of law;
• The office of prosecutor should be strictly separated from judicial functions, and prosecutors should respect the independence and the impartiality of judges;
• Prosecutors should, in accordance with the law, perform their duties fairly, consistently
and expeditiously, and respect and protect human dignity and uphold human rights, thus
contributing to ensuring due process and the smooth functioning of the criminal justice
system.
(…)
We consider that:
• All necessary measures should be taken to respect, protect and promote the freedom of exercise of the profession of lawyer, without discrimination and without improper interference from the authorities or the public;
• Decisions concerning the authorization to practice as a lawyer or to join the profession
should be taken by an independent body. Such decisions, whether or not they are taken by
an independent body, should be subject to a review by an independent and impartial judicial authority;
• Lawyers should not suffer or be threatened with any sanctions or pressure when acting in
accordance with their professional standards;
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