publications_unodc_commentary-e

AND WHEREAS the United Nations Basic Principles on theIndependence of the Judiciary are designed to secure and promotethe independence of the judiciary, and are addressed primarily toStates.CommentaryUN Basic Principles on the Independence of the Judiciary17. The United Nations Basic Principles on the Independence of the Judiciarywere adopted by the Seventh United Nations Congress on the Prevention of Crimeand the Treatment of Offenders in September 1985 in Milan, Italy, and “endorsed”by the General Assembly in its resolution 40/32 of 29 November 1985. In thefollowing month, in its resolution 40/46 of 13 December 1985, the GeneralAssembly “welcomed” the Principles and invited governments “to respect them andto take them into account within the framework of their national legislation andpractice”. The Basic Principles, which were “formulated to assist Member States intheir task of securing and promoting the independence of the judiciary” are thefollowing:INDEPENDENCE OF THE JUDICIARY1. The independence of the judiciary shall be guaranteed by the State andenshrined in the Constitution or the laws of the country. It is the duty of allgovernments and other institutions to respect and observe the independence ofthe judiciary.2. The judiciary shall decide matters before it impartially, on the basis offacts and in accordance with the law, without any restrictions, improperinfluences, inducements, pressures, threats or interferences, direct or indirect,from any quarter or for any reason.3. The judiciary shall have jurisdiction over all issues of a judicial natureand shall have exclusive authority to decide whether an issue submitted for itsdecision is within its competence as defined by law.4. There shall not be any inappropriate or unwarranted interference withthe judicial process, nor shall judicial decisions by the courts be subject torevision. This principle is without prejudice to judicial review or to mitigationor commutation by competent authorities of sentences imposed by the judiciary,in accordance with the law.33