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The Commission has frequently expressed concern over the frequencyand the extent of the phenomenon of corruption within the judiciarythroughout the world, which goes far beyond economic corruption in theform of embezzlement of funds allocated to the judiciary by Parliamentor bribes (a practice that may in fact be encouraged by the low salariesof judges). It may also concern administration within the judiciary (lackof transparency, system of bribes) or take the form of biasedparticipation in trials and judgments as a result of the politicisation ofthe judiciary, the party loyalties of judges or all types of judicialpatronage. This is particularly serious in that judges and judicialofficials are supposed to be a moral authority and a reliable andimpartial institution to whom all of society can turn when its rights areviolated.Looking beyond the acts themselves, the fact that the public insome countries tends to view the judiciary as a corrupt authority isparticularly serious: a lack of trust in justice is lethal for democracy anddevelopment and encourages the perpetuation of corruption. Here, therules of judicial ethics take on major importance. As the case law of theEuropean Court of Human Rights stresses, judges must not only meetobjective criteria of impartiality but must also be seen to be impartial;what is at stake is the trust that the courts must inspire in those who arebrought before them in a democratic society. Thus one can see why it isso important to disseminate and implement the Bangalore Principles ofJudicial Conduct, whose authors have taken care to base themselves onthe two main legal traditions (customary law and civil law) and whichthe Commission noted at its fifty-ninth session.The Special Rapporteur recommended that the Bangalore Principles be madeavailable, preferably in national languages, in all law faculties and professionalassociations of judges and lawyers.VIII. Commentary on the Bangalore Principles of Judicial ConductAt its fourth meeting, held in Vienna in October 2005, the Judicial IntegrityGroup noted that judges, lawyers and law reformers had, at several meetings,stressed the need for a commentary or an explanatory memorandum in the form ofan authoritative guide to the application of the Bangalore Principles. The Groupagreed that such a commentary or guide would enable judges and teachers of judicialethics to understand not only the drafting and cross-cultural consultation process ofthe Bangalore Principles and the rationale for the values and principles incorporatedin it, but would also facilitate a wider understanding of the applicability of thosevalues and principles to issues, situations and problems that might arise or emerge.Accordingly, the Group decided that, in the first instance, the Coordinator would17
prepare a draft commentary, which would then be submitted for consideration andapproval by the Group.IX. Commission on Crime Prevention and Criminal JusticeIn April 2006, the fifteenth Session of the Commission on CrimePrevention and Criminal Justice met in Vienna and unanimously recommended tothe Economic and Social Council the adoption of a draft resolution co-sponsored bythe Governments of Egypt, France, Germany, Nigeria and the Philippines entitled“Strengthening basic principles of judicial conduct”. The draft resolution, inter alia,(a) Invited Member States, consistent with their domestic legal systems, toencourage their judiciaries to take into consideration the BangalorePrinciples of Judicial Conduct (annexed to the resolution) when reviewingor developing rules with respect to the professional and ethical conduct ofmembers of the judiciary;(b) Emphasized that the Bangalore Principles of Judicial Conduct represent afurther development and are complementary to the Basic Principles on theIndependence of the Judiciary;(c) Acknowledged the important work carried out by the Judicial IntegrityGroup under the auspices of the United Nations Office on Drugs and Crime(UNODC), and of other international and regional judicial forums thatcontribute to the development and dissemination of standards and measuresto strengthen judicial independence, impartiality and integrity;(d) Requested UNODC to continue to support the work of the Judicial IntegrityGroup;(e) Expressed appreciation to Member States that have made voluntarycontributions to UNODC in support of the work of the Judicial IntegrityGroup;(f) Invited Member States to make voluntary contributions, as appropriate, tothe United Nations Crime Prevention and Criminal Justice Fund to supportthe work of the Judicial Integrity Group, and to continue to provide,through the Global Programme against Corruption, technical assistance todeveloping countries and countries with economies in transition, uponrequest, to strengthen the integrity and capacity of their judiciaries;(g) Invited Member States to submit their views regarding the BangalorePrinciples of Judicial Conduct to the Secretary-General and to suggestrevisions, as appropriate;18
Page 2 and 3: United NationsOffice on Drugs and C
Page 4: CONTENTSPreface… ................
Page 10 and 11: DRAFTING HISTORYI. BackgroundIn Apr
Page 12 and 13: g. The Iowa Code of Judicial Conduc
Page 14 and 15: IV. The Bangalore Draft Code of Jud
Page 16 and 17: Davide of the Supreme Court of the
Page 20 and 21: (h) Requested the UNODC to convene
Page 22: Where citations have been used, the
Page 25 and 26: WHEREAS the International Covenant
Page 27 and 28: WHEREAS the foregoing fundamental p
Page 29 and 30: esponsibility, it is essential that
Page 31 and 32: WHEREAS it is essential that judges
Page 33 and 34: WHEREAS the primary responsibility
Page 35 and 36: 5. Everyone shall have the right to
Page 37 and 38: THE FOLLOWING PRINCIPLES are intend
Page 40 and 41: Value 1INDEPENDENCEPrinciple:Judici
Page 42 and 43: Conditions for judicial independenc
Page 44 and 45: A judge must act irrespective of po
Page 46 and 47: finding, an important part of a jud
Page 48 and 49: 1.3 A judge shall not only be free
Page 50 and 51: or her. No such gatherings should b
Page 52 and 53: that very remote instance the judge
Page 54 and 55: 1.6 A judge shall exhibit and promo
Page 56 and 57: (d)(e)(f)(g)(h)(i)(j)(k)(l)(m)(n)(o
Page 58 and 59: Value 2IMPARTIALITYPrinciple:Impart
Page 60 and 61: Application:2.1 A judge shall perfo
Page 62 and 63: 2.2 A judge shall ensure that his o
Page 64 and 65: 2.3 A judge shall, so far as is rea
Page 66 and 67: 2.4 A judge shall not knowingly, wh
Page 68 and 69:
(b) The second aspect relates to a
Page 70 and 71:
informed, will remove the objection
Page 72 and 73:
countenances the possibility that j
Page 74 and 75:
Other things being equal, the more
Page 76 and 77:
2.5.2 the judge previously served a
Page 78:
Provided that disqualification of a
Page 81 and 82:
Application3.1 A judge shall ensure
Page 83 and 84:
It has been argued that the use of
Page 86 and 87:
Value 4PROPRIETYPrinciple:Propriety
Page 88 and 89:
4.2. As a subject of constant publi
Page 90 and 91:
4.3 A judge shall, in his or her pe
Page 92 and 93:
Special care should be taken where
Page 94 and 95:
not hold a supervisory or administr
Page 96 and 97:
4.6 A judge, like any other citizen
Page 98 and 99:
such judicial commentary should be
Page 100 and 101:
4.8 A judge shall not allow the jud
Page 102 and 103:
performance of their lawful duties
Page 104 and 105:
Former judges153. Depending on loca
Page 106 and 107:
4.11 Subject to the proper performa
Page 108 and 109:
4.11.3 serve as a member of an offi
Page 110 and 111:
ii. Does it essentially involve an
Page 112 and 113:
4.11.4 engage in other activities i
Page 114 and 115:
should not give legal advice. This
Page 116 and 117:
Protecting the judge’s own intere
Page 118 and 119:
4.14 A judge and members of the jud
Page 120 and 121:
4.16 Subject to law and to any lega
Page 122 and 123:
Value 5EQUALITYPrinciple:Ensuring e
Page 124 and 125:
Application5.1 A judge shall be awa
Page 126 and 127:
5.3 A judge shall carry out judicia
Page 128 and 129:
5.5 A judge shall require lawyers i
Page 130 and 131:
Value 6COMPETENCE AND DILIGENCEPrin
Page 132 and 133:
Application6.1 The judicial duties
Page 134 and 135:
judgment, the expedition of cases,
Page 136 and 137:
The quality of judgment and demeano
Page 138 and 139:
6.4 A judge shall keep himself or h
Page 140 and 141:
about decisions that appear to them
Page 142 and 143:
impossible, to suggest a uniform st
Page 144 and 145:
IMPLEMENTATIONBy reason of the natu
Page 146 and 147:
DEFINITIONSIn this statement of pri
Page 148 and 149:
AnnexCULTURAL AND RELIGIOUS TRADITI
Page 150 and 151:
When a judge does not inquire into
Page 152 and 153:
. . . deal impartially with the sui
Page 154 and 155:
Jewish LawThe following is an extra
Page 156 and 157:
Sanity: A person whose judgment is
Page 158 and 159:
9. A judge must be prompt in delive
Page 160 and 161:
8. He must not permit a litigant to
Page 162 and 163:
SELECT BIBLIOGRAPHYBooks and Monogr
Page 164 and 165:
Delaware Judicial Ethics Advisory C
Page 166 and 167:
INDEX 80accused personrights, 49app
Page 168 and 169:
prompt disposal of matters, 207rese
Page 170 and 171:
apprehension of bias, 56abuse of co
Page 172 and 173:
family members, activities of, 69fo
Page 174 and 175:
personal knowledge of disputed fact
Page 176:
sentencing, rights relating to, 50s
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