The relationship between parliament and the judiciary is not always a smooth one. The principle of the separation of powers has sometimes been interpreted as preventing parliaments from asking questions regarding the judiciary, and criticism by parliamentarians of judicial action has been seen as undue interference with the independence of the judiciary. For the Inter-Parliamentary Union, and in particular its Committee on the Human Rights of Parliamentarians, these are essential questions because the proper administration of justice is at stake.
Precisely to highlight that issue, the IPU organized a seminar entitled Law and justice: the case for parliamentary scrutiny from 25 to 27 September 2006 in cooperation with the Geneva-based Association for the Prevention of Torture (APT) and the International Commission of Jurists (ICJ). The aim of the event was to thoroughly examine the role parliaments and their members must play to ensure that the entire judicial process - from the arrest and detention of persons to the execution of sentences - is in conformity with relevant international human rights standards and explore the limits of parliamentary scrutiny and action that would indeed constitute undue interference with the judiciary.
During the three-day seminar, over 100 legislators from 40 countries and international experts discussed issues such as the responsibility of parliaments to prevent torture, legislative and oversight action to ensure an independent and impartial judiciary, measures to combat impunity, the purpose and forms of punishment, including the effects of prison privatization on the human rights of detainees, the increasing problem of the detention of asylum seekers, immigrants and the mentally disabled and specific problems regarding juvenile justice.
The seminar arrived at the conclusion that, far from preventing parliaments from inquiring into judicial issues, the separation of powers implies that they must take action to ensure that the judiciary is indeed independent, most importantly of the government, and functions in conformity with international human rights norms in this field. Parliaments must not only adopt necessary laws to this end, but also see to it that they are implemented. In their conclusions, the participants stated that "The principle of the separation of powers is a system of checks and balances, and our duty is to ensure that the laws we adopt meet the requirements of international human rights law and that they are properly implemented".
The IPU organizes seminars with different partners for members of parliamentary human rights bodies once a year to discuss burning human rights issues of particular importance for parliaments. These events complement the Handbook for Parliamentarians on Human Rights, which the IPU published jointly with the Office of the United Nations High Commissioner for Human Rights (OHCHR) in 2005.
