Dr. Leandro Despouy, a human rights advocate and scholar from Argentina, is spearheading the international protection of the independence of judges, lawyers, and prosecutors. As the United Nations Special Rapporteur on the Independence of Judges and Lawyers, a position he has held since 2003, Dr. Despouy is the primary person responsible under the newly created United Nations Human Rights Council [i] for promoting the independence of the judiciary worldwide and documenting and preventing human rights violations that occur in the absence of independent judicial systems. Dr. Despouy’s office continually raises awareness of the nexus between a weakened judicial system and the frequency, as well as the severity, of human rights abuses. [ii]

The position of Special Rapporteur on the Independence of Judges and Lawyers was created in 1994 [iii] by the Commission on Human Rights [iv] in response to the increase in attacks on the independence of judicial systems. The mandate of this position includes: (1) investigation into substantial allegations of abuse; (2) issuance of fact-findings to the Human Rights Council; (3) observation and appraisal of progress achieved in protecting and enhancing judicial independence; and (4) advisement on topical questions related to safeguarding an impartial judiciary. To carry out this mandate, the Special Rapporteur sends letters of inquiry to national governments alerting them to alleged violations either concerning systemic problems or individual cases, and regularly conducts country visits after having sought and obtained an invitation by the governments. The Special Rapporteur then reports findings, conclusions, and recommendations to the Human Rights Council, and can encourage “shame and blame” tactics that may result in Council resolutions in order to safeguard human rights in the administration of justice.

Any individual, group, non-governmental organization, intergovernmental organization, or national government can bring a claim of a violation of judicial independence or impartiality to the attention of the Special Rapporteur. The principles of the Universal Declaration of Human Rights, [v] the UN Basic Principles on the Independence of the Judiciary, [vi] the UN Basic Principles on the Role of Lawyers [vii] and the UN Guidelines on the Role of Prosecutors, [viii] as well as the binding requirements of the International Covenant on Civil and Political Rights, [ix] guide the investigations by the Special Rapporteur to protect the right to an effective judicial remedy for human rights via the legal professions and to ensure a discrimination-free judicial system.

During the last three years, the activities of the Special Rapporteur have included investigations into a wide variety of judicial issues throughout the world, [x] including, most recently, the situation of detainees at Guantanamo Bay naval base, [xi] the judicial and institutional crisis in Ecuador and the shortcomings of the Kyrgyz Republic’s judicial system. Under Dr. Despouy’s guidance, complex issues have also been addressed such as legal responses to the threats of terrorism and judicial corruption. [xii]

Before serving as the Special Rapporteur on the Independence of Judges and Lawyers, Dr. Despouy represented Argentina and the United Nations in many capacities to strengthen human rights institutions and protect human rights. He served as Argentina’s Special Representative of Human Rights for the Ministry of Foreign Affairs, with the rank of Extraordinary and Plenipotentiary Ambassador, and headed delegations to sessions of the Human Rights Committee and the International Convention of the Red Cross. In 1996, he was selected to be the Special Rapporteur of the United Nations Sub-Commission on the Prevention of Discrimination and Protection of Minorities. In this previous Special Rapporteur capacity, he authored leading reports on the issues of “Human Rights and Disabled Persons” [xiii] and “Extreme Poverty and Human Rights.” [xiv]

Dr. Despouy spent much of his career in academia, teaching a diverse range of subjects including: political sociology and the history of political institutions; commercial law; political economy; human rights; public international law; and international negotiations. His work lies at the center of the promotion and protection of democracy and rule of law and helps shape the institutional structures and contexts that impact human rights.

Scott Lyons is a Legal Analyst and Project Manager for Court Personnel Reform, American Bar Association’s Central European and Eurasian Law Initiative (CEELI)

---

[i] http://www.ohchr.org/english/bodies/hrcouncil/

[ii] http://ap.ohchr.org/documents/dpage_e.aspx?m=87

[iii] http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/
8fdc9ab08a436b60802567360038950c?Opendocument

[iv] http://www.ohchr.org/english/bodies/chr/index.htm

[v] http://www.un.org/Overview/rights.html 

[vi] http://www.ohchr.org/english/law/indjudiciary.htm

[vii] http://www.ohchr.org/english/law/lawyers.htm

[viii] http://www.ohchr.org/english/law/prosecutors.htm

[ix] http://www.hrweb.org/legal/cpr.html

[x] http://www.ohchr.org/english/issues/judiciary/visits.htm

[xi] http://www.ohchr.org/english/bodies/chr/
docs/62chr/E.CN.4.2006.120_.pdf

[xii] http://www.ohchr.org/english/issues/judiciary/issues.htm

[xiii] http://www.un.org/esa/socdev/enable/dispaperdes0.htm

[xiv] http://ap.ohchr.org/documents/gmainec.aspx