NCJ Number
189406
Date Published
December 2000
Length
20 pages
Annotation
This article stems from the successful outcome of the Workshop of the Judicial Group on Strengthening Judicial Integrity, convened by the Centre for International Crime Prevention at its headquarters in Vienna in April 2000, in cooperation with Transparency International; it provides a broader background for this initiative and focuses on translating the recommendations made by the group into a sustainable reform process of building judicial integrity to curb corruption.
Abstract
An essential element of the right to a fair trial is an independent and impartial tribunal. Another inherent element of a fair trial is the procedural equality of parties. If the judicial system is corrupt, no such elements will exist. Judicial corruption influences unduly access to and outcomes of judicial decisions. The decisions will remain unfair and unpredictable; consequently, the rule of law will not prevail. Judicial corruption is apparently a global problem. It is not restricted to a specific country or region. Still, manifestations of corruption seem to be at their worst in developing countries and countries in transition. The few studies of the causes of judicial corruption vary significantly from country to country. Some of the possible causes include low remuneration and the administrative nature of the roles of judges, far-reaching discretionary powers, and weak monitoring of the execution of those powers. The lack of transparency and the absence of comprehensive and regularly updated databases further worsens the effects of corruption in the judiciary. At national and international levels, a coherent and independent assessment of the levels, causes, locations, effects, and costs of corruption is a necessary precondition for the formulation of effective remedies. The challenge is then to improve the quality of decision making and the accountability of the decision makers by using the assessment as a basis for the development, implementation, monitoring, reviewing, and evaluating of a broad-based action plan. Eradication of corruption from the justice system is a joint task that involves not only judges and members of the legal profession, but all stakeholders, including all branches of government, the media, and the civil society. The entire process should be monitored by an independent and credible body with members selected on the basis of professional integrity and competence. A 52-item bibliography