A/HRC/11/41
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be automatically granted life appointment or fixed tenure unless they were
dismissed as a consequence of disciplinary measures or the decision of an
independent body following a specialized procedure that determined that a certain
individual is not capable of fulfilling the role of a judge.
• Member States give paramount attention to upholding the key principle of
irremovability.
• Member States establish an independent body in charge of disciplining judges.
• Member States adopt legislation giving detailed guidance on the infractions by
judges triggering disciplinary measures, including the gravity of the infraction
which determines the kind of disciplinary measure. Disciplinary measures must be
proportional to the gravity of the infraction.
• Decisions related to disciplinary measures be made public.
• Adequate civil and criminal immunity for judges be guaranteed by the
Constitution or equivalent, and that detailed procedures for lifting immunity be
inscribed in law, reinforcing the independence of the judiciary.
99.
Regarding conditions of service, he recommends that:
• Judges be remunerated adequately, with due regard for the responsibilities and
the nature of their office and without delay.
• Adequate human and material resources be allocated to ensure the proper
functioning of justice.
• Special attention be paid to ensuring the security of judges, in particular the
adoption of preventive security measures for increased protection of judges
handling cases of large-scale corruption, organized crime, terrorism, crimes
against humanity, or any other cases exposing them to higher risk.
• Besides pre-service and initial training, focused attention be paid to continuing
legal education of sitting judges.
100. With respect to institutional guarantees, the Special Rapporteur recommends that:
• Competencies of the different branches of power be clearly distinguished and
enshrined in the Constitution or equivalent.
• The independence of the judiciary be enshrined in the Constitution or be
considered as a fundamental principle of law. Both principles must adequately be
translated into domestic law.
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