Judicial independence and access to justice remain challenge in OSCE region, participants at Warsaw meeting say
WARSAW, 17 May 2010 - Guaranteeing judicial independence and public access to justice remain a significant challenge in the OSCE region, participants said today at the opening of an OSCE meeting on these topics.
More than 150 representatives from governments, international organizations and civil society have gathered in Warsaw for the three-day meeting organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).
Ambassador Janez Lenarcic, ODIHR's Director, highlighted the important role of governments in ensuring the independence of the judiciary: "The government must relinquish control and refrain from interfering. In plain words, it must leave the judiciary alone."
He added that in particular countries with a history of unity of state power find it difficult to ensure full separation of powers and allow the rule of law to flourish.
Ambassador Madina Jarbussynova, the representative of Kazakhstan's OSCE Chairmanship, stressed that no state can function without an independent judiciary: "Only an independent judicial system can serve as a neutral arbitrator in disputes between a person and the state, and respect for the principle of rule of law prevents courts from being tools of oppression."
In a keynote speech, Guy Canivet, a member of France's Constitutional Council, emphasized that an independent judiciary was crucial for the realization of the rights of individuals. In many countries, violations of judicial independence are a daily phenomenon, and neither citizens nor judges have trust in genuine judicial independence, he added. Incidents compromising judicial independence and integrity can damage the entire justice system.
Canivet called on governments to put procedures in place and remove all obstacles to ensure fair and equitable access to justice. Lack of financial resources should not stand in the way of accessing justice for anyone, and governments need to help citizens in this regard.
Working sessions will focus on bodies responsible for protecting the independence of the judiciary, the selection of judges and their accountability, as well as public access to justice.