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(d)(e)(f)(g)(h)(i)(j)(k)(l)(m)(n)(o)(p)(q)The right to have adequate time and facilities for the preparation of hisdefence.The right to communicate with counsel of his own choosing.The right to be tried without undue delay.The right to be tried in his presence.The right to defend himself in person or through legal assistance of hisown choosing; and to be informed, if he does not have legal assistance,of this right.The right to have legal assistance assigned to him, in any case wherethe interests of justice so require, and without payment by him in anysuch case if he does not have sufficient means to pay for it.The right to examine, or have examined, the witnesses against him.The right to obtain the attendance and examination of witnesses on hisbehalf under the same conditions as witnesses against him.The right to have the free assistance of an interpreter if he cannotunderstand or speak the language used in court.The right not to be compelled to testify against himself or to confessguilt.The right of a juvenile person to a procedure that takes account of hisage and the desirability of promoting his rehabilitation.The right not to be held guilty of any criminal offence on account ofany act or omission which did not constitute a criminal offence, undernational or international law, at the time when it was committed.The right to a judgment rendered in public.The right of a person convicted of a crime to have his conviction andsentence reviewed by a higher tribunal according to law.55
Rights relating to sentencing50. Articles 6 (paragraph 5), 7, 14 (paragraph 7) and 15 of the InternationalCovenant on Civil and Political Rights recognize the following rights of convictedpersons:(a)(b)(c)(d)The right not to have imposed a heavier penalty than the one that wasapplicable at the time when the criminal offence was committed.The right not to be punished again for an offence for which he hasalready been finally convicted or acquitted.The right not to be subjected to cruel, inhuman or degradingpunishment.In those countries which have not yet abolished the death penalty, theright not to be sentenced to death if below 18 years of age, and thenonly for the most serious crimes, and if prescribed by the law in forceat the time of the commission of the crime.56
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United NationsOffice on Drugs and C
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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 18 and 19: The Commission has frequently expre
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 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
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ii. Does it essentially involve an
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4.11.4 engage in other activities i
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should not give legal advice. This
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Protecting the judge’s own intere
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4.14 A judge and members of the jud
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4.16 Subject to law and to any lega
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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
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judgment, the expedition of cases,
Page 136 and 137:
The quality of judgment and demeano
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6.4 A judge shall keep himself or h
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about decisions that appear to them
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impossible, to suggest a uniform st
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IMPLEMENTATIONBy reason of the natu
Page 146 and 147:
DEFINITIONSIn this statement of pri
Page 148 and 149:
AnnexCULTURAL AND RELIGIOUS TRADITI
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When a judge does not inquire into
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. . . deal impartially with the sui
Page 154 and 155:
Jewish LawThe following is an extra
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Sanity: A person whose judgment is
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9. A judge must be prompt in delive
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8. He must not permit a litigant to
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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
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family members, activities of, 69fo
Page 174 and 175:
personal knowledge of disputed fact
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sentencing, rights relating to, 50s
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