Rights group wants judicial independence strengthened in region
WASHINGTON, DC, USA (CMC) — The Inter-American Commission on Human Rights (IACHR) is urging Caribbean countries to strengthen judicial independence through appointment procedures that are in line with international standards.
The IACHR said it has has closely followed the situation in the region, and specifically in several countries within the Organization of American States (OAS) such as Argentina, Guatemala, and Honduras, where judges have been selected or are in the process of being appointed to the highest courts.
The group said that information received pointed to risks in the selection process that could affect the independence of those who have been selected or could come to be selected.
“Such risks include: direct appointments by the executive branch without the participation of another public body, or without receiving observations from civil society actors or other interested parties with respect to the candidacies; a failure by the agencies responsible for designating judges to publish vacancy announcements and procedures; and the lack of public access to information concerning the candidates so as to enable the effective participation of society, in compliance with the principle of civil society participation.”
The IACHR said that given these risks it believes it is essential for the states to review their selection procedures to ensure that these are clear and that they respect the principles of transparency and public scrutiny, and that they guarantee participation by diverse individuals and social groups, ensuring that women in particular are equally represented.
In addition, the IACHR said it wanted to emphasise that judicial selection procedures should be open to public scrutiny, which significantly reduces the degree of discretion exercised by the authorities in charge of the selection and appointment process, and enables candidates’ merits and professional qualifications to be more readily identified.
A principal, autonomous body of the OAS, the OACHR said that these factors, detailed in its report titled ‘Guarantees for the Independence of Justice Operators (2013)’, should be taken into account to ensure the independence of the judiciary, which in turn will allow justice operators to perform their essential roles in enabling access to justice and guaranteeing due process for victims of human rights violations.