A/HRC/11/41
page 21
69. The Human Rights Committee, in its general comment No. 32, recommended that States
establish clear procedures and objective criteria for the promotion of judges.94 In this context, the
Committee noted with satisfaction the establishment of a career structure for the judiciary.95
70. Furthermore, the Human Rights Committee raised the question of the body96 and method
by which judges are granted promotion. It emphasized that if such a decision depends on the
discretion of the administrative authorities, this may expose judges to political pressure and
jeopardize their independence and impartiality.97
71. The Special Rapporteur emphasizes that final decisions on promotions should be
preferably taken by an independent body in charge of the selection of judges, composed of at
least a majority of judges.98 This would enhance the coherence of any decision taken in relation
to the judicial career and thereby strengthen the independence of the judiciary.
72. The Special Rapporteur underscores that, while adequate professional experience is an
essential prerequisite for promotion, it should not be the only factor taken into account in such
decisions. Promotion, like with initial selection and appointment, should be merit-based, having
regard to qualifications, integrity, ability and efficiency.
4. Conditions of service
(a)
Judicial salary
73. International and regional standards require that the remuneration of judges be guaranteed
by law. Principle 11 of the Basic Principles and selected regional standards also require that the
remuneration be adequate.99 Yet, reality on the ground is far from being consistent with this
principle.
94
CCPR/C/GC/32 (footnote 1), para. 19.
95
CCPR/CO/72/GTM, para. 7.
96
CCPR/C/MDG/CO/3, para. 26.
97
CCPR/CO/73/AZE, para. 14.
98
See paras. 27-30 above; see also European Charter on the Statute of Judges, sections 4.1
and 1.3.
99
Principles and Guidelines in Africa (footnote 8), A 4 (m); Beijing Statement (footnote 8),
principle 31.
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