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TI Policy Position
Transparency International
Transparency International
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Abstract
"A lack of transparency in administrative processes within the judiciary can provide opportunities for undue influence and bribery and dent public confidence in the institution as a whole. Transparency can, however, be introduced relatively simply. Increasingly, for example, judiciaries and judicial divisions are producing annual reports detailing their expenditures, the number of cases processed by the courts, backlogs, and the number of judges sitting and appointed. Some judiciaries are also opening up their working environments, enabling colleagues to see each other at work and limiting opportunities for improper behaviour. To remove concerns of any possible conflicts of interest, it is becoming increasingly common for judges to be required to disclose their income on appointment and periodically thereafter, including upon retirement. Though there are mixed views on the wisdom of this approach, it may prove beneficial if judges are not singled out for asset disclosure but do so as part of a broader programme for all public officials. 2. Public access to information Public access to reliable information about the activities of the judiciary is a key safeguard against corruption. One essential requirement is to have published, reasoned decisions available to lawyers, judges, the media and the public. Access to information about the laws ensures that the basis for the decisions of all judges is clear and generally improves accountability. Disseminating information about the way in which the legal system functions, people’s rights in court, and the way the appeals process works helps to encourage individuals both to use the justice system and to challenge irregularities. Prosecution services, too, should engage in developing and promoting transparency by informing the public about their roles and responsibilities, working with the legal profession to develop clear guidelines on the rights of defendants, witnesses and other individuals involved in the process. Developing a code of professional conduct by which the performance of the prosecution can be measured is also a useful approach."
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2007
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With permission of the license/copyright holder