Summary

In the present report, the Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, warns of a growing trend of governments undermining democracy by attacking the rule of law and the independence of judicial systems. Justice systems and personnel play an essential role in safeguarding democracy: ensuring free and fair elections and the peaceful transfer of power; enforcing key rights; guaranteeing that the law is applied equally to all people, including State officials; and checking excessive power of political actors. But these important roles also make justice systems a target for power-seeking political actors attempting to weaken them or to seize command. The Special Rapporteur offers a typology of techniques that autocratizing governments use to undermine the capacity or independence of justice systems and justice actors. Those techniques include: (a) capturing or curbing justice systems and justice institutions; (b) abusing those systems to influence or control justice actors; and (c) carrying out direct attacks an interference against judges, prosecutors, lawyers and community justice workers. The year 2024 is a “mega election year”, during which people in more than 60 countries, encompassing nearly half the world’s population, will vote. The Special Rapporteur makes recommendations to States and actors within the justice system on steps they can take to resist autocratic trends, safeguard justice systems and advance meaningful participatory governance.