A/HRC/44/47/Add.1
body should include members from outside the judiciary to avoid any perception of
corporatism.
113. The list of possible sanctions should be supplemented, so as to ensure that
sanctions be imposed taking into account the severity of the offence, the context in
which it has taken place and its impact on the judiciary as a whole.
Women in the judiciary
114. Improving women’s representation in the justice system requires the inclusion
of a gender perspective in the procedure for the selection and appointment of judges,
and the adoption of specific measures aimed at achieving gender equality in the
judiciary, including temporary special measures pursuant to article 4, paragraph 1, of
the Convention on the Elimination of All Forms of Discrimination against Women.
C.
Prosecutors
Supervisory powers
115. Prosecutors’ competences should be limited to the criminal sphere (pretrial
investigation and execution of criminal punishment). Consideration should be given to
transferring the wide supervisory powers entrusted to prosecutors to other State
bodies, such as the judiciary, where appropriate, or an independent national human
rights institution. The powers of prosecutors to recall or file a protest against court
decisions should be abolished.
Selection and appointment
116. The procedures for the selection and dismissal of the Prosecutor-General
should be based on objective criteria previously established by law. The law should
provide appropriate mechanisms to facilitate the participation of civil society and the
public at large in the assessment of the qualifications, experience, independence and
integrity of the candidates. In order to minimize the risk of politicization of the
selection process, the role of the President and the Senate should be restricted to
selecting the appointee from a list of pre-selected candidates prepared by an
independent body, such as a prosecutorial council.
117. The criteria and the procedure for the selection of candidates to the prosecution
service should be regulated by law. The competence to assess the candidates should be
transferred to an independent institution of prosecutorial self-government, such as a
prosecutorial council.
118. In order to strengthen the independence of the prosecution service,
consideration should be given to the establishment of a prosecutorial council. The
council should be established by law and consist of a majority of prosecutors elected
by their peers. Its mandate should be to strengthen the independence of the
prosecution service and to deal with all issues relating to the prosecutorial career,
including the appointment, promotion, transfer and discipline of prosecutors. This
body should be independent of the Prosecutor-General and include representatives of
civil society in order to avoid or minimize any risk of corporatism.
D.
Lawyers
Access to a lawyer
119. The Special Rapporteur calls on the legal profession to adopt all appropriate
measures to facilitate access to the legal profession for young law graduates. He also
recommends that new law schools be created outside the capital. This would facilitate
access to law courses for students wishing to undertake the legal profession.
120. Uzbekistan should adopt all appropriate measures to ensure that persons
arrested or detained, with or without criminal charge, have prompt access to a lawyer
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