9 1 Independence Institution independence Individual independence 10

9 1. Independence ความเปนอสระ Institution independence Individual independence

10 Independence – How? Institution The Principle of separation of powers Fundamental freedoms: association; expression Financial autonomy and sufficient resources

11 Independence – How? Individual Appointment: criteria; procedure Free from threat and pressure Condition of tenure, promotion, and pensions

2. Impartiality 12 ความเปนกลาง No bias or prejudice Do not have conflict of interest: previously status; oneself or family members; economic or social or political interest Actual & apparent: impartiality might be opening or hiding Duty to excuse oneself: it is a duty of that judge to withdraw themselves

14 4. Integrity คณธรรมและความซอสตย Avoid impropriety: greed, angry, lazy, lie, irresponsibility, violence Honest & virtue Example: judge refused a request for probation in order to punish a defendant whose attorney had displeased the judge Example: judge showed his id. card to the officer who arrested a son of the judge as misuse of his status

5. Confidentiality 15 การรกษาความลบ Confidentiality of the parties in a lawsuit, the witness and evidence Obstacle of justice Practice: voice recording and video taping in the courtroom is prohibited Sexual offence and juvenile cases should be undisclosed

16 6. Accountability การตรวจสอบได Judges can only be removed for serious misconduct, disciplinary, criminal offence, or incapacity. A charge or complaint against a judge shall be processed quickly and fairly by the independent review

17 B: Mechanisms กลไกในการจดการ 1. Admission: recruitment 2. Withdraw from the case: self withdraw or the party in the case request 3. Dismissal from judiciary: serious violation of the principles

1. Recruitment 18 การคดเลอกผพพากษา How to choose a judge? Knowledge Character Experience History What would be the process? By the institute By the people

2. Withdraw a Judge from the Case 19 การคดคานผพพากษา To remove a judge from the case when the judge The judge withdraw by his/her own self Reasons: have conflict of interest to the party in the case Have relationship to the person involves in the case Have experience related to the case previously

22 Defecation > Warning, no promotion การมมลทน ไมเลอนขน > ตกเตอน Fault report Disclosed information Impolite Neglect Misbehave

23 Exercise From the Code of Conduct for the Judges: Please fill each rule in the boxes Principles Rules (from Code of Conduct) Independence Impartiality Competence Integrity Confidentiality Accountability

24 Questions? A