Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers A legal system based on respect for the rule of law also needs strong, independent and impartial prosecutors willing resolutely to investigate and prosecute suspected crimes committed against human beings even if these crimes have been committed by persons acting in an official capacity. Unless judges and prosecutors play their respective key roles to the full in maintaining justice in society, there is a serious risk that a culture of impunity will take root, thereby widening the gap between the population in general and the authorities. If people encounter problems in securing justice for themselves, they may be driven to take the law into their own hands, resulting in a further deterioration in the administration of justice and, possibly, new outbreaks of violence.2 Lastly, this legal system would not be complete without independent lawyers who are able to pursue their work freely and without fear of reprisals. Indeed, independent lawyers play a key role in defending human rights and fundamental freedoms at all times, a role which, together with that played by independent and impartial judges and prosecutors, is indispensable for ensuring that the rule of law prevails, and that individual rights are protected effectively. In this regard it has been pointed out that all special rapporteurs of the United Nations Commission on Human Rights have emphasized the close relationship that exists between the greater or lesser respect for the due process guarantees of article 10 of the Universal Declaration of Human Rights and the greater or lesser gravity of the violations established.3 Human rights and fundamental freedoms are, in other words, “all the better safeguarded to the extent that the judiciary and the legal professions are protected from interference and pressure”.4 3. Challenges to the Independence and Impartiality of the Legal Professions In spite of the need for judges, prosecutors and lawyers to exercise their professional responsibilities in true independence, experience shows that they are often subjected to pressures of various kinds aimed at compromising their ability to do so. For instance, although the way in which judges are appointed varies from country to country, there may be a danger to their independence where they are appointed exclusively by the Executive or Legislature, or even where they are elected. A further threat to their independence is posed by lack of security of tenure, as arises in countries where judges are generally employed on temporary contracts. Such insecurity may make judges more susceptible to inappropriate outside pressure. Inadequate 2 See e.g. UN doc. E/CN.4/2000/3, Report of the Special Rapporteur of the Commission on Human Rights on extrajudicial, summary or arbitrary executions, para. 87. 3 UN doc. E/CN.4/Sub.2/1993/25, Report on the independence of the judiciary and the protection of practising lawyers, para. 1. 4 Ibid., loc. cit. 116 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers