66. On the other hand, the UN Basic Principles on the Independence of
the Judiciary,
Resolution 40/32
do, in the First Principle thereof,
lay
down the requirement of judicial independence in the following terms:
“The
independence
of the judiciary shall be guaranteed
by the State and enshrined in the Constitution or the law
of the country.
other
It is the duty
institutions
to
of all governmental
respect
and
and
observe
the
independence of the judiciary.”
67. As can
be deduced
judicial
independence
independence
subordination
branches
would
from the second
of
of
enumerated
the
the
judiciary
judicial
of government.
encompass
component
issues
above,
the _
essentially
branch
The
of the principle of
of
entails
government
non-subordination
pertaining
to
institutional
to
the
non-
the
other
envisaged
the
therein
recruitment
and
remuneration of judges, as well as the respect by the other branches
of the judiciary’s decision-making function including the recognition of,
compliance
with
and
insulation
of judgments
emanating
from
the
judiciary from tinkering by any non-judicial authority.
See Report on
the
UN
Human
Rights
Committee
on
CCPR/C/79/Add.118,
para.14,
Basic
the Independence
also
Principles
entail
on
freedom
of
the
and
the
courts
Congo,
Principles
3 and
document
4 of the
of the Judiciary.
from
influence,
UN
|t does
threats
or
interference from the other branches, as well as appropriate provision
for security of tenure and professional training of judges.
on___Terrorism__and__
Human __ Rights,
_OAS
See Report
document
OEA/Ser.L/V/II.116, Doc. 5, 2002, para. 229.
Reference No.1 5 of 2014
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