The State must provide adequate resources to enable the judiciary as an institution to perform its functions properly.{{1}}
The remuneration and pensions of judges must be secured by law at an adequate level that is consistent with their status and is sufficient to safeguard against conflict of interest and corruption.{{2}}
The overall budget for the courts should be prepared “in collaboration with the judiciary having regard to the needs and requirements of judicial administration”.{{3}} The total budget should be adequate to cover not only remuneration, but other human and technical resources, training, and means for providing for physical security, as well.{{4}}
The Constitution of Honduras provides that the judiciary is to be financially independent from other branches of government, to be guaranteed by the allocation of 3% of the Gross National Product under the government budget, paid on a quarterly basis, yet this provision has reportedly not been met in practice. In this regard, the Special Rapporteur on the independence of Judges and Lawyers has reported concerns that reductions and delays in budgetary payments to the judiciary are frequent, hindering the proper administration of justice.{{5}} The lack of financial and administrative capacity is also often referred by judges as the reason for backlogs in hearing and deciding court cases.
All financial resources received by the judiciary are to be administered by the Council of the Judiciary. Salaries are fixed with the agreement of the Supreme Court, but judges have complained that they are not equally distributed, and have not been increased from year to year in accordance with the prescribed rules.{{6}}
[[1]]1. UN Basic Principles on the Independence of the Judiciary, [expand title=”Principle 7;”]
It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions.
[/expand] Statute of the Iberoamerican Judge, Adopted by the VI Iberoamerican Summit of President of Supreme Courts and Tribunals of Justice (2001), [expand title=”Article 6;”]
The State shall guarantee the economic independence of the Judiciary, through the allowance of the adequate budget in order to cover its necessities and through the appropriate outlay of the budgetary parties.
[/expand] Draft Universal Declaration on the Independence of Justice (also known as the Singhvi Declaration), [expand title=”Article 33.”]
It shall be a priority of the highest order for the State to provide adequate resources to allow for the due administration of justice, including physical facilities appropriate for the maintenance of judicial independence, dignity and efficiency; judicial and administrative personnel; and operating budgets.
[/expand][[1]]
[[2]]2. UN Basic Principles on the Independence of the Judiciary, [expand title=”Principle 11;”]
The term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law.
[/expand] Draft Universal Declaration on the Independence of Justice (also known as the Singhvi Declaration), Article 16(a) [expand title=”Article 16(a);”]
The term of office of the judges, their independence, security, adequate remuneration and conditions of service shall be secured by law and shall not be altered to their disadvantage.
[/expand] Universal Charter of the Judge, Approved by the International Association of Judges on 17 November 1999, [expand title=”Article 13;”]
The judge must receive sufficient remuneration to secure true economic independence. The remuneration must not depend on the results of the judges work and must not be reduced during his or her judicial service. The judge has a right to retirement with an annuity or pension in accordance with his or her professional category. After retirement a judge must not be prevented from exercising another legal profession solely because he or she has been a judge.
[/expand] Statute of the Iberoamerican Judge, Adopted by the VI Iberoamerican Summit of President of Supreme Courts and Tribunals of Justice (2001), [expand title=”Article 33;”]
The State must provide the access to a system of social security to judges, guaranteeing that they will receive, at the end of their service on ground of retirement, illness or other contingency legally stipulated or in case of personal,
family or patrimonial damage arising from the exercise of the position, an honourable pension or adequate indemnity.
It is advisable, as far as economic possibilities allow it, to foresee a security system for judges including a multiple risk insurance.
[/expand] Inter-American Commission on Human Rights, Guarantees for the Independence of Justice Operators, [expand title=”para. 128.”]
Adequate remuneration, human and technical resources, ongoing training and security are conditions that are essential to enabling justice operators to perform their functions independently and in order for the cases assigned to them to be prosecuted in court. Proper working conditions also help combat external or internal pressures like corruption. The Commission will now turn its attention to some of the conditions that are critical to ensuring that justice operators are able to perform their functions independently. (footnote omitted)
[/expand][[2]]
[[3]]3. Statute of the Iberoamerican Judge, Adopted by the VI Iberoamerican Summit of President of Supreme Courts and Tribunals of Justice (2001), [expand title=”Article 34.”]
Judges shall rely on human resources, material means and technical supports in order for their function to be adequately carried out. The criteria of judges has to be taken into account in the decisions approved on the individual, reason for which their opinion must be heard. In particular, judges must have easy access to the legislation and jurisprudence and dispose of the other necessary resources for the rapid and motivated resolution of litigations and trials.
[/expand][[3]]
[[4]]4. Inter-American Commission of Human Rights, Guarantees for the Independence of Justice Operators, OAS Doc. OEA/Ser.L/V/II. (2013), [expand title=”para. 128.”]
Adequate remuneration, human and technical resources, ongoing training and security are conditions that are essential to enabling justice operators to perform their functions independently and in order for the cases assigned to them to be prosecuted in court. Proper working conditions also help combat external or internal pressures like corruption. The Commission will now turn its attention to some of the conditions that are critical to ensuring that justice operators are able to perform their functions independently. (footnote omitted)
[/expand] Statute of the Iberoamerican Judge, Adopted by the VI Iberoamerican Summit of President of Supreme Courts and Tribunals of Justice (2001), [expand title=”Article 35.”]
Guaranteeing the independence and impartiality which have to chair the exercise of the judicial function, the State shall provide the necessary means for the family and personal security of the judges according to the circumstances of risk to which they can be presented.
[/expand][[4]]
[[5]]5. UN Special Rapporteur on the Independence of Judges and Lawyers, Report on the Regional Consultation on the Independence of the Judiciary in Central America, UN Doc A/HRC/23/43/Add.4 (2 April 2013), para. 58. See also UN Special Rapporteur on the situation of human rights defenders, Report to the Human Rights Council on a Mission to Honduras, A/HRC/22/47/Add.1 (13 December 2012), para. 42.[[5]]
[[6]]6. Law of the Judicial Career, decree no. 953, 6 December 1972. See also Association of Judges for Democracy, Letter to the Council for the Judiciary and Judicial Career Service (23 September 2013), p. 3-4 (last accessed 19 August 2014).[[6]]
