UN EXPERT ON INDEPENDENCE OF JUDICIARY CONCERNED BY THREATS TO INDEPENDENCE OF JUDGES IN ITALY

23 January 2002



Dato’ Param Cumaraswamy Seeks Urgent Mission



The Special Rapporteur on the independence of judges and lawyers of the United Nations Commission on Human Rights, Dato’ Param Cumaraswamy, today expressed his concern over a growing confrontation between the Government and the judiciary in Italy.

The Special Rapporteur has sent an urgent appeal to the Government of Italy after having received information that at the start of the judicial year earlier this month, a nationwide protest was staged by hundreds of magistrates to show their concern about government attempts to undermine the independence of the judiciary. Following accusations by Judge Francesco Saverio Borelli, Milan’s most senior judge, about political interference in current trials, it was reported that the government was considering legal action against judge Borelli.

Members of the judiciary have accused the Government in particular of trying to delay trial proceedings against Prime Minister Silvio Berlusconi on charges of bribery, the Special Rapporteur said. He recalled that they also oppose the Government’s planned reforms of the judiciary, saying that they were aimed at bringing prosecutors under the control of the executive; and that they protested against the removal of police escorts from prosecutors and judges.

In his appeal to the Government, the Special Rapporteur drew attention to the United Nations Basic Principles on the Independence of the Judiciary, which provide, among other things, that:

“1. The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.”

“4. There shall not be any inappropriate or unwarranted interference with the judicial process…”.

“Confrontation of this nature could undermine the rule of law in Italy”, Mr. Cumaraswamy said. In light of developments, the Special Rapporteur added, he has sought an urgent visit to Italy “in order to study the causes of and assist in finding a solution to the present confrontation”.



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