HRC 47 - Interactive dialogue with the Special Rapporteur on the independence of judges and lawyers

Madam / Mister (Vice) President, 

The EU welcomes the Special Rapporteur and his report on the impact and challenges for the independent justice caused by the coronavirus disease pandemic. The impact of the pandemic on institutions and societies is unprecedented, therefore deserves the attention of the HRC.

We share your concerns, Mr. Special Rapporteur, that in some cases lockdowns, isolation, and social distancing measures have affected the work of the courts and have led, inter alia, to delays in proceedings and the suspension of procedural deadlines and the provision of legal assistance.

Notwithstanding the current pandemic, international human rights law remains in force. Everyone must have access to legal advice and fair and effective judicial procedures. In a number of countries, a high proportion of persons deprived of liberty are being held in pre-trial detention, even for minor offences, contributing unnecessarily to prison overcrowding and seriously impacting the health conditions of detainees in prisons.

Your report shows that persons in vulnerable situations (including victims of domestic violence and of human trafficking, persons with disabilities, persons of scarce resources with limited access to technology and persons deprived of their liberty) were disproportionately affected in their right of access to justice.

The European Union is fully committed to the promotion and protection of human rights and fundamental freedoms and the independence of the judiciary. They are essential pillars of a democratic and prosperous society.

Mr. Special Rapporteur,

The EU will consider all your recommendations and commends especially your forward-looking approach that as justice systems resume full operations, they will need to adapt and plan their activity to take into account not only the accumulated backlog, but also the new workload arising from the changing pattern of some of the illicit behaviors that emerged during the pandemic.

Finally, could you advise on best practices for how states managed to bridge the digital divide and ensure real and effective access to justice by guaranteeing connectivity and the availability of the necessary software and equipment, as well as adequate training for judges, lawyers and other judicial officials?

Thank you Madame / Mister (Vice) President.