A/HRC/38/38
104. Disciplinary proceedings should provide the accused judges with all the
procedural guarantees set out in article 14 of the International Covenant on Civil and
Political Rights, including the right to defend themselves in person or with the
assistance of a legal counsel of their choice.
105. Decisions of the disciplinary body should be reasoned and subject to appeal
before a competent court.
Composition of judicial councils and selection of their members
106. All the appointment processes for the councils should be transparent and
participative so to avoid and prevent corporatism and appropriation of the process by
the de facto powers.
107. Judicial councils should include judges among its members. To avoid the risk of
corporatism and self-interest, the councils may also include lay members, for example
lawyers, law professors, jurists, Bar members, as well as citizens of acknowledged
reputation and experience. Active politicians and members of the legislative or
executive branches of power cannot simultaneously serve on a judicial council. The
judge members of a council should be elected by their peers following methods
guaranteeing the widest representation of the judiciary at all levels. Certain members
of a council, for example the President of the Supreme Court, can be selected ex
officio.
108. The election of lay members of a council should be entrusted to non-political
authorities. When elected by parliament, lay members should be elected by a qualified
majority, necessitating significant opposition support. In no case should they be
selected or appointed by the executive branch.
109. The selection and appointment of the members of a judicial council should take
place in an open and transparent way in order to eliminate the risks of political
interference and appropriation of the process by the de facto powers, and prevent
allegations of corporatism.
110. States should enact appropriate measures to ensure a gender perspective in the
composition of a council and promote gender parity within judicial bodies, in
particular, through a reduction in gender-based barriers to promotion and career
advancement that persist within the justice sector.
111. When members of the executive branch, for example the Minister of Justice,
participate in the work of a council as ex officio members, appropriate measures
should be developed to ensure their independence from any potential interference.
112. The Chair of a council should be held by an impartial person who does not
have any political affiliation. In parliamentary systems in which the President or Head
of State has only formal powers, it is permissible to appoint him or her as the Chair of
the council. In all other cases, the Chair should be elected by the council itself among
its judge members. Neither the Chief Justice, the President of the Supreme Court nor
the Minister of Justice should be appointed as the Chair of a judicial council.
19
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