GENEVA - As democracies decline across the world, loopholes that allow autocratising leaders to appoint loyal judges must be closed, a UN expert said today.
"Judicial nomination and appointment procedures, the entryway into judicial systems, must be designed to safeguard the independence and impartiality of the judiciary from the beginning," said Margaret Satterthwaite, the Special Rapporteur on Independence of Judges and Lawyers.
"Appointment procedures should ensure that those appointed as judges have the ability and temperament to serve with competence and ethics, even in times of stress and crisis," she said.
In her report to the Human Rights Council, Satterthwaite outlined key principles to establish minimum safeguards applicable across different legal systems. "By offering a common set of protections, these principles will allow justice advocates to improve appointment procedures so they are not vulnerable to the undue influence of political actors, economically powerful entities, or even organised crime."
The principles aim to address the institutional prerequisites for judicial selection and appointments, criteria governing individual judicial selection, emphasising merit and ensuring diversity, and due process guarantees.
"To be meaningful, these principles should be translated into context, through structured participatory consultation with all relevant actors."
The Special Rapporteur urged Member States to set out clear legal frameworks, independent and impartial selection authorities, and place strict limits on provisional or temporary appointments that may expose judges to undue influence.
"Selection processes should rely on objective and pre-established criteria, incorporate integrity screening and impartiality safeguards, and promote diversity and representativeness so that the judiciary reflects the society it serves," she said.
"Transparency is key at all stages of the process. It is also crucial to ensure effective mechanisms for challenging irregularities and opportunities for meaningful civil society participation," the expert said.
