Independence and the Rule of Law
In the face of growing attacks on and the decline of, the rule of law in many countries, independence as a concept is a quality that protects the citizenry against the arbitrary. Necessary for justice, it must be constantly upheld and strengthened. In particular, the protection of the independence of the justice system – i.e., the independence of lawyers and judges - is an essential condition for the preservation of the rule of law. Not only is it imperative to guarantee the independence of the judiciary, so, too, must the independence of lawyers and bar associations, as enshrined in the Havana Basic Principles, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990, be ensured to allow them to effectively assume their functions of assistance, counsel, and representation in the service of the accused, and thus participate in guaranteeing a fair trial. Finally, because the independence of justice and the rule of law cannot be fully guaranteed without the promotion of freedom of the press and freedom of expression, it is essential to also protect the independence of journalists and the media, since any attack on their independence is an equally great threat to the rule of law.