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A Model State of the Judiciary Report: A Strategic Tool to Promote, Monitor and Report on Judicial Integrity Reforms. Quito, Ecuador July 26 th , 2003. Judicial Independence and Accountability. There is a clear consensus as to the elements of judicial independence and judicial accountability:

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A Model State of the Judiciary Report:A Strategic Tool to Promote, Monitor and Report on Judicial Integrity Reforms

Quito, Ecuador

July 26th, 2003


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Judicial Independence and Accountability

  • There is a clear consensus as to the elements of judicial independence and judicial accountability:

    • Independence of the judge

    • Independence of the institution

    • Absence of personal bias

    • Independence from the parties

    • Accountability to the public


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Selected Lessons Learned: The “Hammergren’s Rules” – 20 Years Later


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Selected Lessons Learned (Cont’d): The “Hammergren’s Rules” – 20 Years Later


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Among all political and economic reforms, how important is the implementation of specific rule of law, separation of powers and judicial independence standards and norms for a sustainable democracy?Partial results of the judicial independence survey (Quito, Ecuador – July 2003)

* 34 surveys.


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Contribution of Certain Reforms to the Promotion of Judicial Independence and AccountabilityPartial results of the judicial independence survey (Quito, Ecuador – July 2003)

* 34 surveys. N/A = 3


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Most Important Sources of Interference with Judicial IndependencePartial results of the judicial independence survey (Quito, Ecuador – July 2003)

* 34 surveys. The numbers represent the number of responses citing a specific source of interference in percentage of the total number of responses.


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Most Important Problems that Negatively Impact Judicial Independence and AccountabilityPartial results of the judicial independence survey (Quito, Ecuador – July 2003)

* 34 surveys. The numbers represent the number of responses citing a specific source of interference in percentage of the total number of responses.


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Building Support for Reform Independence and AccountabilityResearch Findings and Lessons Learned

  • Opposition looms large and a common vision or in-depth understanding should not be assumed;

  • Sustained efforts require public engagement and broad coalition building;

  • Participatory assessments and monitoring and evaluation are key;

  • Tools for building public support include: media strategies, inter-institutional judicial sector commissions, periodic polls and strategic sectoral surveys.


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How to Increase Transparency? Independence and AccountabilityResearch Findings and Lessons Learned

  • Transparency reforms are among the most important and crosscutting;

  • Transparency reforms promote open government and increased access to information;

  • They enable citizens and reformers to identify barriers to reforms, identify priorities and monitor progress.


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How to Increase Transparency? (Cont’d) Independence and AccountabilityResearch Findings and Lessons Learned

  • Tools to increase transparency:

    • Reforming the structure and decision-making process of the judicial hierarchy;

    • Opening up the criminal justice reform process;

    • Providing the public with quality judicial information;

    • Adopting and complying with the law regarding conflict of interests and income and asset disclosure laws and policies;

    • Developing public trust through court outreach programs and more cooperation with civil society.


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Model Framework for a State of the Judiciary Report Independence and Accountability

  • Tool designed to promote regional harmonization, best practices, lessons learned and a more competitive efficient reform process across country borders;

  • Participatory monitoring and reporting tool geared towards promoting broad support for and understanding of reforms.


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Model Framework for a State of the Judiciary Report (Cont’d)

  • The framework for a State of the Judiciary Report is a standardized flexible tool designed to:

    • Promote transparency and the concrete implementation of judicial independence, judicial accountability and anti-corruption priority reforms;

    • Provide reformers, civil society and the public with access to quality information necessary to build coalitions and public trust in the rule of law;

    • Obtain and utilize resources for targeted reforms.


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State of the Judiciary Report (Cont’d)Partial results of the judicial independence survey (Quito, Ecuador – July 2003)

  • 80% of those surveyed consider that the development of a monitoring and reporting mechanism for a state of the judiciary report to promote judicial independence and accountability would be very important;

  • All those surveyed answered that they would endorse a monitoring framework for a state of the judiciary annual report.

* 34 surveys.


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Methodology of the State of the Judiciary Report (Cont’d)

  • A monitoring and reporting tool should rely on a combination of objective and subjective data, collected through a variety of means, including:

    • Empirical data and public information on the judiciary, judicial processes and the judicial career;

    • Analysis and observation of court proceedings and public hearings;

    • Review and analysis of academic and applied research;

    • Review and analysis of media coverage and public debate of issues related to the judiciary or the JIP;

    • Review and analysis of cross-sectoral, business, civil society, government official and public surveys

    • Analysis of confidential interviews and focus groups of all of the stakeholders;

    • Qualitative analysis of court and judicial council processes, decisions, rules and policies

    • Qualitative analysis of the legal and political enabling environment


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Conclusion (Cont’d)

One way to promote the next generation of reforms is to implement a standardized participatory monitoring and reporting framework that simultaneously promotes transparency, accountability and public trust:

AN ANNUAL STATE OF THE JUDICIARY REPORT FOR THE AMERICAS


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