LAW AND JUSTICE: THE CASE FOR PARLIAMENTARY SCRUTINY
What is the role of parliament in guaranteeing the independence of the Judiciary and the proper administration of justice? This is one of the questions that will be addressed at a seminar that was inaugurated today at The House of Parliaments, Headquarters of the Inter-Parliamentary Union (IPU), attended by officials including Mrs. Louise Arbour, United Nations High Commissioner for Human Rights; Mrs. Martine Brunschwig-Graf, Member of the Swiss parliament and President of the Association for the Prevention of Torture; and Mr. Nicholas Howen, Secretary General of the International Commission of Jurists.
The seminar, which will run until Wednesday, brings together members of parliamentary human rights bodies and specialized parliamentary committees on justice and internal affairs from over 40 countries. They will be discussing issues such as the administration of prisons, the prevention of torture, the organization of the Judiciary and the rights of accused, detainees and prisoners.
The United Nations High Commissioner for Human Rights, Mrs. Louise Arbour, said that members of parliament should "preserve the integrity of the Judiciary and pay attention to general questions, but without interfering in specific cases. When they make laws, they must respect and optimize freedoms and fundamental rights. They must also take heed of any distortions that may occur within the Judiciary".
According to Mrs. Martine Brunschwig-Graf, parliamentarians should pass laws that respect fundamental rights. Regarding their oversight function, she said "we should pay attention and listen. Some parliaments provide for the right of petition. They can therefore receive information from average citizens who feel they have been wronged". The Swiss parliamentarian said that efforts should be made to ensure that the necessary national institutions – for human rights or the prevention of torture - are put in place. "There is a line of tension that will never be broken surrounding the separation of powers between the judicial branch and the mandate of having to hold to scrutiny policies implemented in all spheres, including the sphere of justice. Some parliaments, like the Swiss parliament, appoint judges, and must therefore ensure that these judges are above reproach".
Participants at the seminar, organized jointly by the IPU, the International Commission of Jurists (ICJ) and the Association for the Prevention of Torture (APT), will also deal with the international norms that govern detention and the right to a fair trial. They will consider what contribution parliaments and their members can make to ensure that these norms are implemented and to guarantee the independence of the Judiciary, a pillar of democracy.
Established in 1889 and with its Headquarters in Geneva, Switzerland, the IPU, the oldest multilateral political organisation, currently brings together 146 affiliated parliaments and seven regional assemblies as associate members. The world organisation of parliaments has an Office in New York, which acts as its Permanent Observer at the United Nations.
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