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The work of judges, prosecutors and law enforcement officials and the decisions made by them affect the daily life of citizens. High levels of ethical behaviour, equality and fairness in performance of the duties of judges, prosecutors and law enforcement officials are not only a favorable qualities but it can considered a right of all citizens.
1. Code of Conduct for Judges A code of conduct for judges should include all the principles stipulated in the Bangalore Principles of Judicial Conduct. However, it should be amended in a way that would suit the new country. The code of conduct should be ‘localized’. The group discussed the hierarchy of the principles. Some members argued that some principles may be more important and therefore prioritized, while other members argued that only a someone with all the values will make a good judge.
(i) Independence Judges must be independent in judicial work from the legislative and executive branches of government, other institutions and judicial colleagues. Additionally, a judge may be encouraged to discuss judical matters, with colleagues, but must not be influenced in any way whatsoever by his or her colleagues.
(ii) Impartiality and Integrity A judge must maintain a high level of integrity. Judges should not be biased while executing their duty. The decision-making process must also be seen to be unbiased, impartial, just and fair.
(iii) Propriety Judges must maintain a lifestyle becoming of judges. Judges must restrict themselves from social activities that may damage the judiciary’s reputations for propriety.
(iv) Equality, Competence and Diligence Judges must deal fairly, equally and respectfully with everyone, including but not limited to prosecutors, defence lawyers, colleagues, staff and subordinates. Judges must not, by words or by action, portray his or her opinion on a matter that may end up in his or her court. Judges must also make an effort to remain competent and diligent. Judges should be encouraged to attend training and refresher programmes.
2. Code of Conduct for Prosecutors Prosecutors play a vital role in the administration of the criminal justice system. Prosecutors have a duty to ensure that the fundamental human rights of the citizens are observed at all times. Therefore, prosecutors should maintain ethical behaviour. The following principles can be identified as minimum standards of ethical conduct by prosecutors.
(i) Professional Conduct and Competency Prosecutors, as practitioners of criminal law, must at all times be well informed of all recent developments in the legal framework, including a thorough knowledge of criminal procedure codes, evidentiary laws and fundamental human rights of the citizens.
(ii) Independence As the use of prosecutorial discretion is a wide power given to prosecutors, to ensure that this discretionary power is used in a fair, consistent and legally sound manner, prosecutors must be independent from any political or other sorts of influence.
(iii) Impartiality Prosecutors must perform their duties without favour, prejudice or fear. Prosecutors must remain calm at all times and carry out their duties impartially and objectively, according to their jurisdiction’s laws and regulations.
(iv) Role in Criminal Proceedings Prosecutors, as the representative of the public interest must ensure that the defendant receives fair treatment during the criminal proceedings. Prosecutors must also guarantee that prosecution evidence submitted to court is sufficient and has been legally obtained. As the defenders of the public interest, prosecutors must not only consider the rights of the victims, but the rights of the greater community as well. (v) Co-operation Prosecutors play an important part in criminal proceedings. However, the prosecutor’s work shall be supplemented by the work of law enforcement officials. Therefore, the co-operation between prosecutors and the law enforcement officials must be maintained at all times. Prosecutors must also maintain a professional courteous relationship with courts, defence lawyers and all other relevant parties in the criminal justice system, to realize that justice is served fairly and in an expeditious manner to all parties involved in criminal proceedings.
3. Code of Conduct for Law Enforcement Officials (Police) While establishing a code of conduct for police officials, the group discussed the importance which must be given to honesty, integrity and the spirit of sacrifice. Moreover, given global nature of police work, the code must comply with international best practices as each police force will have to co-operate with other international organizations in fulfilling its duties.
(i) Honesty, Integrity, Confidentiality and Spirit of Sacrifice Police officials must be honest, maintain high integrity and be willing to, made sacrifices while fulfilling their duties. This is more relevant to police as police are the ‘face’ of the criminal justice system and fight crimes on a day-to-day basis. Police also receive information of a classified nature from different sources. Misuse of this police intelligence may result in major breach of public confidence in the criminal justice system.
(ii) Fairness, Tolerance, Appearance and Impairment Police must be fair and must be able to tolerate any amount of difficulty (humiliation, violence, etc) during the performance of their duties. Police must not react to violent actions by criminal elements. On the contrary, police should remain calm at all times and maintain high level of personal conduct and good appearance. Law enforcement officials must not be under the influence of drugs and alcohol while on duty.
(iii) Use of Force, Abuse of Authority and Lawful Order The nature of police work includes using of force against citizens. It is important to make sure that this force is only to the limit required. The police must not abuse their power in any way. Fighting corruption in the police must be the focus of this principle.
(iv) Co-operation and Partnership As the police get involved in dealing with international crime that which causes economic and social problems, it is important for them to deal in a friendly manner with foreign police to achieve investigative success.
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