A/HRC/44/47/Add.1
and judges of interdistrict, district and city courts). Until recently, the Council exercised
this competence in consultation with the President (article 63, paragraph 5, of the Law on
Courts), but such consultative process has now been eliminated.11
40.
The Supreme Judicial Council also participates in the selection of Chairs and deputy
Chairs of military courts, regional courts and Tashkent city courts, who are appointed by
the President upon recommendation of the Council.
41.
The Council does not play any role in the selection of the most senior judges – that
is, Chairs, deputy Chairs and judges of the Constitutional Court and the Supreme Court –
who are elected by the Senate on the proposal of the President.
42.
In relation to the procedure for the selection and appointment of judges, the mandate
has consistently held that this procedure should be based on objective criteria previously
established by law, and that decisions concerning the selection should be based solely on
merit, with regard to the qualifications, skills and capacities of the candidates, as well as to
their integrity, independence and impartiality.12 In this regard, the Special Rapporteur
regrets that neither the criteria nor the procedure envisaged for the selection of candidates
provide sufficient guarantees to avoid judicial appointments based on improper motives.
43.
Most of the criteria set out in the Law establishing the Council for selecting
candidates to judicial offices are too broad or generic, and the law does not provide any
guidance on how to assess some of the requirements, such as spotless reputation, honesty or
sufficient life experience (arts. 20 and 21). This means that in practice, candidates for
judicial offices are currently selected on the basis of formal and overly general
requirements that do not allow a proper assessment of the moral integrity, independence
and professional qualifications of the candidate.
44.
The procedure envisaged by the Law with regard to the selection of candidates is
extremely cumbersome. In the opinion of the Special Rapporteur, the selection procedure
could be made more straightforward by organizing regular competitive selection processes
and appointing successful candidates on the basis of their rating in that process.
Competitive examinations conducted, at least partly, in a written and anonymous manner
represent an important tool in the selection process.13 Mandatory training, including an
internship in court, could be provided only to candidates who had been successful in the
selection process.
4.
Security of tenure
45.
Security of tenure constitutes an essential guarantee for ensuring the independence
of the judiciary. While not all international standards unambiguously state that judges
should be appointed for life, it is undeniable that judges who do not have long-term security
of tenure may be subject to undue pressure and interferences from different actors, such as
the executive branch, the judicial hierarchy or other appointing authorities. This problem
becomes particularly acute in countries where the executive branch plays a predominant
role in the selection and appointment of judges.
46.
Law No. 428 of 12 April 2017 introduced amendments to article 63-1 of the Law on
Courts, which regulates security of tenure. According to this new provision, judges are now
appointed for an initial 5-year term, followed by a 10-year term, and subsequently by a
lifetime appointment. These changes represent a positive step in the right direction.
However, the system of two temporary appointments before achieving a lifelong
appointment continues to expose judges to the risks of undue pressure and interferences
during the first 15 years in office. This is true, in particular, for judges dealing with
politically sensitive cases, who may feel pressured to decide in favour of the State
authorities in order to improve their chances of being reappointed.
11
12
13
See Law No. ZRU-566 of 10 September 2019.
A/HRC/38/38, para. 49.
Ibid., para. 54; A/HRC/11/41, para. 30.
9
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