A/HRC/44/47/Add.1 transfer, promotion, pensions and the age of retirement. Secondary legislation should only be used to regulate technical and procedural matters in accordance with the law. 95. All State institutions should respect and observe the independence of individual judges to decide matters before them impartially, on the basis of facts and in accordance with the law, without restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any authority, including the prosecution service and judicial hierarchy. Court Chairs and superior courts should refrain from addressing instructions to judges on how they should decide individual cases. Appropriate sanctions should be imposed against persons seeking to influence judges in an improper manner. 96. Judgments should always be reasoned and pronounced publicly. Judicial decisions should not be subject to any revision other than judicial review before a higher court or reopening of the proceedings in exceptional circumstances previously established by law. 97. The competences of the President of the Republic in relation to the appointment of senior judges and the approval of the court system should be transferred to the Supreme Judicial Council or to the judiciary itself (e.g., the Department for Supporting Court Activities under the Supreme Court). Supreme Judicial Council 98. In order to strengthen the independence of the Supreme Judicial Council and minimize the risk of political interference, the criteria and the procedure for the selection and appointment of the Council’s members should be reviewed, with a view to: (a) Excluding active politicians, representatives of the legislative or executive branches of power, members of the police or the prosecution service from participation; (b) Eliminating the involvement of political authorities at any stage of the selection process; (c) members. Ensuring that the Chair is elected by the Council itself among its judge- 99. In addition to the responsibilities referred to in article 6 of the Law on the Supreme Judicial Council, the Council should be entrusted with general responsibilities with regard to the administration of the court system, the preparation of the judicial budget and the allocation of budgetary resources to the various courts. 100. The competence to determine the structure and the number of staff of the Executive Board of the Supreme Judicial Council, which at present are approved by the President of the Republic (article 8 of the Law), should be entrusted solely to the Council. Selection and appointment of judges 101. The procedure for the selection of candidates to judicial offices should be transparent and based on objective criteria previously established by law or by the Supreme Judicial Council. Decisions should be based solely on merit, with regard to the qualifications, skills and capacities of the candidates, as well as to their integrity, sense of independence and impartiality. Competitive examinations conducted, at least partly, in a written and anonymous manner can serve as an important tool in the selection process. 102. The procedure for the selection of Chairs and deputy Chairs of regional courts, military courts, and Tashkent city courts should be reviewed so as to limit the discretionary power of the President of the Republic to choose among the candidates put forward by the Supreme Judicial Council. Should the President retain the power to formally appoint judges, the appointment should be made on the basis of the recommendation of the Council that the President follows in practice. 17

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