A new edition of the Judiciary Newsletter was published on Tuesday. Below, a summary of the articles from the Newsletter.
The independence of the judiciary: essential for the rule of law
An article in the Newsletter addresses the independence of the judiciary and certain current problems surrounding this concept. According to a 1985 United Nations convention, governments and other institutions must respect the independence of the judiciary. However, it is clear that the judiciary remains the target of several attacks, in various countries.
The United Nations special rapporteur, cited in the article, explains the importance of an independent judiciary in guaranteeing the rule of law and democracy, together with the independence of other institutions, such as the bar.
The article pleads for there to be a certain restraint regarding criticism of judges, so as not to compromise their role in guaranteeing the rule of law and democracy, especially with the advent of Cyberbullying, and especially since judges have a duty reserve and cannot go into the public arena to correct any misperception or unfounded allegations.
Artificial intelligence and the independence of justice
Another article addresses the impact of artificial intelligence (AI) on the independence of justice, in particular through the advent of so-called “Predictive” justice in Mauritius. Indeed, AI can, by analyzing previous court decisions, predict the outcome of a complaint lodged before a Court. This can prove advantageous, by encouraging litigants to opt for amicable agreements, instead of long and costly litigation.
The author argues that the judiciary must not allow itself to be influenced, or even dictated, by "Predictive Outcomes" and must remain as human guardians of justice and equity. Transparency is also essential, and the AI must be able to explain the reasoning behind its decision. Furthermore, AI can also, by analyzing certain anachronistic decisions, reach erroneous conclusions, with prejudices and customs from another time.
Simple and concrete measures for more effective justice
Another article calls for the adoption of some simple and concrete measures to make justice more effective. Among them, the adoption of ÂBody Cameras by law enforcement, a measure already adopted in several countries, which can prove extremely important in Court with regard to the provenance of evidence and to locate responsibilities in the event of complaints against the police.
The wearing of an electronic bracelet is also recommended in Mauritius, another measure which has already been adopted by many countries, which would reduce the risk of an accused fleeing and also an appreciable reduction in the
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