Principles on the Independence of the Judiciary
Adopted by the Seventh United Nations
Congress on the Prevention of Crime and the Treatment of Offenders
held at Milan from 26 August to 6 September 1985 and endorsed by
General Assembly resolutions 40/32 of 29 November 1985 and 40/146
of 13 December 1985
5. Everyone shall have the right to
be tried by ordinary courts or tribunals using established legal
procedures. Tribunals that do not use the duly established procedures
of the legal process shall not be created to displace the jurisdiction
belonging to the ordinary courts or judicial tribunals.
6. The principle of the independence
of the judiciary entitles and requires the judiciary to ensure that
judicial proceedings are conducted fairly and that the rights of
the parties are respected.
7. It is the duty of each Member State
to provide adequate resources to enable the judiciary to properly
perform its functions.
17. A charge or complaint made against
a judge in his/her judicial and professional capacity shall be processed
expeditiously and fairly under an appropriate procedure. The judge
shall have the right to a fair hearing. The examination of the matter
at its initial stage shall be kept confidential, unless otherwise
requested by the judge.
18. Judges shall be subject to suspension
or removal only for reasons of incapacity or behaviour that renders
them unfit to discharge their duties.
19. All disciplinary, suspension or
removal proceedings shall be determined in accordance with established
standards of judicial conduct.