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Provisional version – as adopted by the Committee on 23.06.2009
Doc. …
… June 2009
Allegations of politically-motivated abuses of the criminal
justice system in Council of Europe member states
Report
Committee on Legal Affairs and Human Rights
Rapporteur: Mrs Sabine LEUTHEUSSER-SCHNARRENBERGER, Germany, Alliance of Democrats and
Liberals for Europe
Summary
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2
A.
Draft resolution
1.
The Parliamentary Assembly stresses the fundamental importance, for the rule of law and the
protection of individual liberty, of shielding criminal justice systems throughout Europe from politically-
motivated interferences.
2.
Successful cooperation between member states of the Council of Europe in the field of criminal justice
(e.g. extradition, obtaining evidence, as specified in pertinent conventions of the Council of Europe) depends
on mutual trust in the basic fairness of the criminal justice systems of all member states and the absence of
politically-motivated abuses.
3.
The independence of the judiciary, in law and fact, is the principal line of defence against such
abuses.
3.1. The independence of the courts and of each individual judge is recognised, in principle, in all
member states of the Council of Europe. This should also be reflected in their constitutions. True
independence of judges also requires a number of legal and practical safeguards, including:
3.1.1.
recruitment and promotion of judges must be based solely on merit (qualifications,
integrity, ability and efficiency);
3.1.2. protection against unfair disciplinary sanctions (in particular, dismissal) must be
effective;
3.1.3. salaries and allowances must permit judges and their families not to depend on the
provision of housing and other amenities by executive authorities;
3.1.4.
the independence of judges vis-à-vis court presidents and judges of su