Jurist UN Special Rapporteur warns of global decline of judicial independence

[Dadparvar]

The report of the Special Rapporteur on the independence of judges and lawyers (A/HRC/56/62) presented at the United Nations Human Rights Council (UNHRC) on Tuesday found the global state of human rights is deteriorating. The UNHRC emphasizes a concerning trend of declining human rights as democratic institutions face increasing pressure and leaders fail to uphold the rule of law.

Margaret Satterthwaite, UN Special Rapporteur on the independence of judges and lawyers, presented her findings to the Council. The report states:

This year, 2024, had been described as the biggest election year in history, a landmark for democracy in which nearly half the world’s population would vote. However, increasingly, governments that came to power through legitimate elections were wielding their power to undermine democratic systems and rights. In many States, such attacks on democracy had justice systems and actors as their target.

Specifically, the report detailed various threats to judicial independence, mainly, judicial capture and control as governments in some countries are taking steps to control the judiciary by influencing the appointment and tenure of judges, political instrumentalisation, explained by a growing trend of using the judiciary for political purposes, undermining its independence and impartiality, and attacks on judicial figures as judges and lawyers are increasingly facing threats and attacks, which intimidate and hinder their ability to carry out their duties effectively.

Various governments have offered their perspectives in response to the report. For example, the US representative thanked Special Rapporteur Satterthwaite for her commitment to upholding the independence of lawyers and judges, emphasizing that when they lack autonomy, they can become tools for authorities to punish dissent and independent expression. They also criticized Russia for jailing anti-war protesters and political opposition figures and Hong Kong for using national security legislation to silence criticism. On the other hand, China’s representative, addressing the issue of double standards, urged “relevant countries to earnestly fulfill their international human rights obligations, take concrete measures to solve their own human rights problems, and contribute to the sound development of the international human rights cause.”

Human Rights Watch (HRW) report similarly raises alarms over the global state of human rights in its 2024 World Report, particularly highlighting political leaders’ increasing disregard for international human rights laws.

The HRW report noted:

Independent, rights-respecting institutions, including the judiciary, ombudspersons, and human rights commissions, can effectively guard against capricious decision-making, stem legislative overreach, and uphold the rule of law. An active and independent civil society is critical to ensure that the decisions of those who exercise political power serve the public interest.

HRW highlights that in several countries, including Turkey and Venezuela, governments have purged judges and prosecutors and replaced them with loyalists who are less likely to challenge executive decisions. It also criticizes the state of judicial independence, stating, “Autocrats have worked to erode the independence of key institutions vital for protecting human rights and shrink the space for expressions of dissent with the same end game in mind: to exercise power without constraint.”

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