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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