Geneva, June 25, 2024 – As the world braces for a significant election year, the United Nations Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, has released a concerning report highlighting the widespread decline in democracy and judicial independence worldwide. The report was presented to the fifty-sixth session of the UN Human Rights Council, which will take place from 18 June to 12 July 2024.

Key Findings

The report underscores a troubling global trend where democratic governance is under threat despite the presence of elections. Special Rapporteur Satterthwaite points out that nearly half the world’s population in over 60 countries will participate in elections in 2024. However, democracy is in decline, with 3.5 billion people living in countries where elections occur but lack sufficient safeguards to ensure they are genuinely free and fair.

The Special Rapporteur’s findings reveal that in 2023, the level of democracy fell to its lowest since 1985, with most countries witnessing a weakening rule of law. Judicial systems’ ability to check government excesses diminished in 56% of countries, raising alarm over the erosion of judicial independence.

Challenges to Democracy

Satterthwaite identifies various elements essential for democratic governance, including free and fair elections, inclusive citizenship, and civil and political rights. These components ensure governments are chosen by and accountable to the people. Conversely, autocratic governance is marked by the absence of these elements, leading to unchecked government power.

The report highlights that justice systems are fundamental in promoting the rule of law, which requires all people, including state actors, to be subject to the same laws. Independent judicial systems are crucial for ensuring executive and legislative actions remain within legal boundaries and protecting fundamental rights.

Role of Justice Personnel on Safeguarding Democracy

The report examines the critical role played by judges, prosecutors, lawyers, and community justice workers in safeguarding democracy. These professionals ensure free and fair elections, uphold the rule of law, and protect civil and political rights. However, they face significant threats and obstacles, including political interference, attacks, and harassment, which undermine their independence and effectiveness.

Threats to Judicial Independence

The report details various methods used by governments to undermine judicial independence, including:

1. Court Capture: Increasing executive or legislative control over judicial appointments and the composition of courts to erode the separation of powers.
2. Abusing Legal Institutions: Misusing criminal prosecutions, administrative and disciplinary processes to punish and intimidate justice personnel.
3. Attacks and Harassment: Physical attacks, arbitrary detentions, and harassment of judges, prosecutors, and lawyers for their professional activities.

Turkey: The report highlights Turkey as a notable example where judicial independence has been severely compromised. Following the attempted coup in 2016, thousands of judges and prosecutors were arrested and dismissed in what the UN Office of the High Commissioner for Human Rights (OHCHR) described as “collective” and “arbitrary” acts. This widespread purge of justice personnel has led to a significant chilling effect, discouraging judges and prosecutors from performing their duties impartially and effectively. The politicized use of criminal law against justice actors in Turkey underscores the broader systemic issues facing judicial independence in the country. The report also states that on numerous occasions in Türkiye  lawyers have been assaulted, tortured, and killed in circumstances that have been inadequately investigated.        

Recommendations

The Special Rapporteur urges states to take several steps to protect judicial independence and the rule of law:

1. Establish Independent Judicial Councils: Ensure judicial appointments and promotions are made transparently and independently of political influence.
2. Protect Prosecutors: Guarantee the autonomy of prosecutors and protect them from politically motivated disciplinary actions and transfers.
3. Support Legal Profession: Recognize and empower bar associations to regulate the legal profession independently.
4. Safeguard Community Justice Workers: Provide legal protections and resources to support their role in promoting human rights and democracy.

Conclusion

Satterthwaite concludes that revitalizing public trust in judicial institutions and defending the independence of justice personnel are crucial for preserving democratic governance. The report calls for a collective effort from states, justice system actors, and civil society to uphold the rule of law and democratic principles, ensuring that governments remain accountable and responsive to their citizens.

This comprehensive report will be a focal point at the upcoming UN Human Rights Council session, highlighting the urgent need for global action to safeguard judicial independence and promote meaningful democracy.

Categories: Turkey Human Rights Blog