ARGENTINA MUST ENSURE INDEPENDENCE OF ITS JUDICIARY – UN EXPERT

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From: UNNews <UNNews@un.org>
Date: 30 Apr 2013 11:00:00 -0400
Subject: ARGENTINA MUST ENSURE INDEPENDENCE OF ITS JUDICIARY – UN EXPERT
To: news11@ny-mail-p-lb-028.ptc.un.org

ARGENTINA MUST ENSURE INDEPENDENCE OF ITS JUDICIARY – UN EXPERT
New York, Apr 30 2013 11:00AM
A United Nations expert today
<"http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13275&LangID=E">called
on Argentina to ensure the independence of its judiciary, following
reforms passed earlier this month that affect the election process of
the Magistrates Council which appoints and removes judges.

"The State has the responsibility to ensure the independence of the
judiciary by respecting its laws and international standards,"
stressed the Special Rapporteur on the independence of judges and
lawyers, Gabriela Knaul.

Last week, the Chamber of Deputies decided to change the process to
designate the members of the Magistrates Council. The draft law, which
still needs to be voted on by the Senate, subjects the members of the
Council to popular elections, with candidates being channeled through
political parties.

"By providing the opportunity for political parties to propose and
organize the election of the directors, the independence of the
Magistrates Council is put at risk, which seriously compromises the
principles of separation of powers and independence of the judiciary,
which are fundamental elements of any democracy and any rule of law,"
Ms. Knaul said.

According to media reports, the draft law would give the majority
party control over the Council, enabling it to impeach judges by a
simple majority, instead of the two-thirds vote required now.

"The provision on partisan election of members of the Magistrates
Council is contrary to Article 14 of the International Covenant on
Civil and Political Rights and the Basic Principles on the
Independence of the judiciary," Ms. Knaul said.

The draft law also modifies the requirements to be a candidate to
become a member of the Council, and reduces the majorities required
for the adoption of relevant decisions, including for the removal of
judges, with no possibility of appeal.

"I call on <"http://www.ohchr.org/EN/Countries/LACRegion/Pages/ARIndex.aspx">Argentina
to establish clear procedures and objective criteria for the dismissal
and punishment of judges, and to ensure an effective process through
which judges can challenge those decisions in order to safeguard
judicial independence," said the Special Rapporteur.

Independent experts or special rapporteurs like Ms. Knaul are
appointed by the UN Human Rights Council to examine and report back,
in an unpaid capacity, on specific human rights themes.
Apr 30 2013 11:00AM
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