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Quotes
Quotes based on international documents, law, and treaties- "To this end, everyone whose rights or freedoms are allegedly violated has the right, either in person or through legally authorized representation, to complain to and have that complaint promptly reviewed in a public hearing before an independent, impartial and competent judicial or other authority established by law and to obtain from such authority a decision, in accordance with law, providing redress, including any compensation due, where there has been a violation of that person's rights or freedoms, as well as enforcement of the eventual decision and award, all without undue delay."
- "The participating States will endeavour to provide for judicial review of such regulations and decisions."
- "The participating States will respect the internationally recognized standards that relate to the independence of judges and legal practitioners and the impartial operation of the public judicial service including, inter alia, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights."
- "The participating States will, in implementing the relevant standards and commitments, ensure that the independence of the judiciary is guaranteed and enshrined in the constitution or the law of the country and is respected in practice, paying particular attention to the Basic Principles on the Independence of the Judiciary, which, inter alia, provide for (i) prohibiting improper influence on judges; (ii) preventing revision of judicial decisions by administrative authorities, except for the rights of the competent authorities to mitigate or commute sentences imposed by judges, in conformity with the law; (iii) protecting the judiciary's freedom of expression and association, subject only to such restrictions as are consistent with its functions; (iv) ensuring that judges are properly qualified, trained and selected on a non-discriminatory basis; (v) guaranteeing tenure and appropriate conditions of service, including on the matter of promotion of judges, where applicable; (vi) respecting conditions of immunity; (vii) ensuring that the disciplining, suspension and removal of judges are determined according to law."
- "The complaints procedure should be undertaken in a transparent manner, including public hearings and the publication of decisions and reasons. All final decisions are expected to be enforced."
- "Going beyond the requirements and practices described earlier, some additional best practices for handling election complaints and appeals include the following: The right to a fair hearing on the complaint."
- "In procedural terms, the relationship with the right to an effective remedy provided for by article 2, paragraph 3 of the Covenant is relevant. In general, this provision needs to be respected whenever any guarantee of article 14 has been violated."
- "The notion of fair trial includes the guarantee of a fair and public hearing."
- "The guarantees of fair trial may never be made subject to measures of derogation that would circumvent the protection of non-derogable rights."
- "All trials in criminal matters or related to a suit at law must in principle be conducted orally and publicly. The publicity of hearings ensures the transparency of proceedings and thus provides an important safeguard for the interest of the individual and of society at large. Courts must make information regarding the time and venue of the oral hearings available to the public and provide for adequate facilities for the attendance of interested members of the public, within reasonable limits, taking into account, inter alia, the potential interest in the case and the duration of the oral hearing."
- "No limitations shall be placed by the judicial body on the category of people allowed to attend its hearings where the merits of a case are being examined. e) Representatives of the media shall be entitled to be present at and report on judicial proceedings except that a judge may restrict or limit the use of cameras during the hearings."
- "The notion of fair trial includes the guarantee of a fair and public hearing. Fairness of proceedings entails the absence of any direct or indirect influence, pressure or intimidation or intrusion from whatever side and for whatever motive."
- "The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice."
- "The proceedings should be public, other than in exceptional circumstances."
- "The requirement of a public hearing does not necessarily apply to all appellate proceedings which may take place on the basis of written presentations or to pre-trial decisions made by prosecutors and other public authorities."
- "Article 14, Paragraph 5 [providing that anyone convicted of a crime shall have the right to have their conviction and sentence reviewed by a higher tribunal] does not apply to procedures determining rights and obligations in a suit at law or any other procedure not being part of a criminal appeal process, such as constitutional motions."
- "The right of equal access to a court, embodied in article 14, paragraph 1, concerns access to first instance procedures and does not address the issues of the right to appeal or other remedies."
- "The essential elements of a fair hearing include: j) an entitlement to an appeal to a higher judicial body."
- "The decision of the tribunal that reviews an administrative act should, at least in important cases, be subjected to appear to a higher tribunal, unless the case is directly referred to a higher tribunal in accordance with the national legislation."
- "Normally, the proceedings should consist of not more than two hearings, the first of which might be a preliminary hearings of a preparatory nature and the second for taking evidence, hearing arguments and, if possible, giving judgment."
- "Moreover, particular rules or sets of rules should be instituted in order to expedite the settlement of disputes: a. in urgent cases; b. in cases relating to an undisputed right or an established liquidated claim and in cases involving small claims;c. in the field of road accidents, labour disputes, landlord and tenant issues and certain questions of family law, in particular the fixing and reassessment of maintenance. (2) To this end, one or more of the following measures could be utilised: simplified methods of commencing litigation; no hearing or the convening of only one hearing or, as the occasion may require, of a preliminary preparatory hearing; exclusively written or oral proceedings, as the case may be; prohibition or restriction of certain exceptions and defences; more flexible rules of evidence; no adjournments or only brief adjournments; the appointment of a court expert, either ex officio or on application of the parties, if possible at the commencement of the proceedings; an active role for the court in conducting the case and in calling for and taking evidence."
- "The appeal procedure and, in particular, the powers and responsibilities of the various bodies should be clearly regulated by law, so as to avoid conflicts of jurisdiction (whether positive or negative). Neither the appellants nor the authorities should be able to choose the appeal body."
- "Ambiguous, evasive or incomplete provisions in the election law or other normative acts may generate confusion over the jurisdiction of the courts and election commissions to deal with election disputes. In recent elections in the OSCE region, this has provided opportunities to “forum shop” for a desired result between the courts and election commissions, which was exploited, causing obstruction and delays in the process of installing elected candidates."
- "Proceedings on complaints and appeals, including within election administration and in the courts, must be transparent."
- "Going beyond the requirements and practices described earlier, some additional best practices for handling election complaints and appeals include the following: The opportunity to present or submit evidence in support of a complaint."
- "Judges shall be independent in the discharge of their duties."
- "The requirement of competence, independence and impartiality of a tribunal in the sense of article 14, paragraph 1, is an absolute right that is not subject to any exception."
- "States should take specific measures guaranteeing the independence of the judiciary, protecting judges from any form of political influence in their decision-making through the constitution or adoption of laws establishing clear procedures and objective criteria for the appointment, remuneration, tenure, promotion, suspension and dismissal of the members of the judiciary and disciplinary sanctions taken against them."
- "The notion of a 'tribunal' in article 14, paragraph 1 designates a body, regardless of its denomination, that is established by law, is independent of the executive and legislative branches of government or enjoys in specific cases judicial independence in deciding legal matters in proceeding that are judicial in nature. Article 14, paragraph 1, second sentence guarantees access to such tribunals to all who have criminal charges brought against them...Similarly, whenever rights and obligations in a suit at law are determined, this must be done at least at one stage of the proceedings by a tribunal within the meaning of this sentence."
- "At the beginning of the new century and millennium, we reaffirm our commitment to the promotion of democracy and its core values in our respective countries. In particular, we undertake to work with renewed determination to enforce…adherence to the separation of powers, including the protection of the independence of the judiciary and of effective parliaments."
- "In support of Good Governance We have agreed to: ensure the independence of the judicial system that will be able to prevent abuse of power and corruption."
- "State parties shall strive to institutionalize good political governance through: 3. An independent judiciary."
- "Democratic elections should be conducted: c) under a system of separation of power that ensures in particular, the independence of the judiciary."
- "The independence of judicial bodies and judicial officers shall be guaranteed by the constitution and laws of the country and respected by the government, its agencies and authorities."
- "All administrative acts should be subject to judicial review."
- "Judges should in particular have the following responsibilities: a. to act independently in all cases and free from any outside influence; b. to conduct cases in an impartial manner in accordance with their assessment of the facts and their understanding of law, to ensure that a fair hearing is given to all parties."
- "Procedures should be established to allow challenges to be made within an appropriate timeframe to an independent body, such as a court. Challenges should be dealt with impartially, and decisions should be based on the available evidence and made without political consideration."
- "Going beyond the requirements and practices described earlier, some additional best practices for handling election complaints and appeals include the following: The right to an impartial tribunal to decide the complaint."
- "the effectiveness, impartiality and independence of the judiciary, including the office of the prosecutor, and that of electoral bodies, is a pre-condition for the fair, effective and impartial handling of election-related disputes in conformity with the commonly accepted international standards on elections and the rule of law."
- "The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or far any reason."
- "Everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures. Tribunals that do not use the duly established procedures of the legal process shall not be created to displace the jurisdiction belonging to the ordinary courts or judicial tribunals."
- "it is necessary to guarantee a judiciary that is totally unconstrained by any partisan influence or control."
- "a. Judicial review should be conducted by a tribunal established by law whose independence and impartiality are guaranteed in accordance with the terms of Recommendation No. R (94) 12. b. The tribunal may be an administrative tribunal or part of the ordinary court system."
- "This recommendation is applicable to all persons exercising judicial functions, including those dealing with constitutional, criminal, civil, commercial and administrative law matters... All necessary measures should be taken to respect, protect and promote the independence of judges."
- "A situation where the functions and competencies of the judiciary and the executive are not clearly distinguishable or where the latter is able to control of direct the former is incompatible with the notion of an independent tribunal."
- "The Court has held that the tribunal must be independent of both the executive and the parties."
- "The requirement of independence refers, in particular, to the procedure and qualifications for the appointment of judges, and guarantees relating to their security of tenure until a mandatory retirement ago or the expiry of their term of office, where such exist, the conditions governing promotion, transfer, suspension, and cessation of their functions...In order to safeguard their independence, the status of judges, including their term of office, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law."
- "(10) Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualification in law. Any method of judicial section shall safeguard against judicial appointments for improper motives...(11) The term of office for judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law. (12)Judges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age or the expiry of their term of office, where such exists. (13) Promotion of judges, wherever such a system exists, should be based on objective factors, in particular ability, integrity and experience."
- "h) The process for appointments to judicial bodies shall be transparent and accountable and the establishment of an independent body for this purpose is encouraged. Any method of judicial selection shall safeguard the independence and impartiality of the judiciary."
- "The independence of judges should be guaranteed pursuant to the provisions of the Convention [ECHR] and constitutional principles, for example by inserting specific provisions in the constitutions or other legislation or incorporating the provisions of this recommendation in internal law. Subject to the legal traditions of each state, such rules may provide, for instance, the following: i. decisions of judges should not be the subject of any revision outside any appeals procedures as provided for by law; ii. the terms of office of judges and their remuneration should be guaranteed by law."