Geneva, A United Nations expert has voiced significant concerns regarding the protracted delay in the election of Bolivia’s highest judicial authorities. This situation has raised questions about the independence and impartiality of the judiciary in the Plurinational State of Bolivia.

According to Office of the High Commissioner for Human Rights, Special Rapporteur Margaret Satterthwaite emphasized the essential nature of an independent and impartial judge as per the right to a fair trial. She noted that the election of qualified candidates for high courts and the Judicial Council, examined in the Plurinational Legislative Assembly, is mandatory. Satterthwaite underscored the vital role of civil society in all stages of the process to bolster its credibility.

The delay has resulted in the expiration of the mandates of the judges of the Plurinational Constitutional Court, the Supreme Court of Justice, the Agro-Environmental Court, and the Judicial Council. Satterthwaite insisted on the importance of a transparent, participatory, and comprehensive process for the preselection of candidates in the Plurinational Legislative Assembly and urged for the prompt holding of elections.

The mandates of the high judicial authorities elected in 2018 concluded on December 31, 2023, but new judicial authorities have not yet been elected. The Plurinational Constitutional Court extended the mandate of the Judicial Branch and Plurinational Constitutional Court authorities temporarily until new appointments are made.

Satterthwaite highlighted that the right to a fair trial, as stated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, hinges on a competent, independent, and impartial court. International standards on judicial independence particularly pertain to the appointment procedures and qualifications of judges and the guarantees regarding their job security and service conditions.

Concerned about the indefinite extension of the current incumbents due to the lack of a political agreement, Satterthwaite fears it could jeopardize the judiciary’s independence in Bolivia. She urged Bolivian authorities to implement the recommendations from her predecessor’s official visit to Bolivia in February 2022 and has been in communication with the Bolivian government regarding these issues.