Financial Crime World

European Court of Human Rights Upholds Right to Fair Trial in Fight Against Corruption

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Ensuring Judicial Independence and Integrity in Combating Corruption

A recent ruling by the European Court of Human Rights (ECtHR) has emphasized the importance of ensuring judicial independence and integrity in the fight against corruption. The court found that combatting corruption and organized crime may require specialized measures, procedures, and institutions to guarantee a fair trial.

International Instruments Support ECtHR’s Decision

The ECtHR’s decision is supported by international instruments that provide guidance on good practices related to the functioning of judicial bodies. For example:

  • The Bangalore Principles of Judicial Conduct stress the importance of judicial independence, impartiality, and competence in ensuring a fair trial.
  • Principle 10 of the 1985 Principles on Independence of the Judiciary states that individuals selected for judicial office should be those of integrity and ability with appropriate training or qualifications in law.

Experts Agree: Safeguarding Against Improper Motives

Experts agree that any method of judicial selection must safeguard against appointments for improper motives. This includes:

  • Ensuring transparency, open, participatory, merit-based, and fair selection processes
  • Appointing independent individuals in pre-vetting or pre-selection commissions
  • Conducting open and inclusive selection processes for prosecutors, judges, and other judicial officials

Moldova’s Special Anti-Corruption Court: A Step Forward

In Moldova, where corruption remains a significant problem, the establishment of the Special Anti-Corruption Court (SAJ) is seen as an important step in confronting corruption more effectively. The selection process for SAJ judges must be transparent, open, participatory, merit-based, and fair to ensure their independence and effectiveness.

ECtHR’s Ruling Highlights Need for Special Measures

The ECtHR’s ruling highlights the need for special measures to ensure integrity and efficiency in the judiciary when combating corruption. This includes:

  • The appointment of independent individuals in pre-vetting or pre-selection commissions
  • Open and inclusive selection processes for prosecutors, judges, and other judicial officials

Conclusion: A Robust and Independent Judiciary is Key

In conclusion, the fight against corruption requires a robust and independent judiciary that is free from improper influence. The ECtHR’s ruling and international instruments emphasize the importance of ensuring judicial integrity and independence in the pursuit of justice.