A/HRC/11/41 page 10 30. In addition to the composition of the selecting body, it is also important to determine the extent of powers given to this organ, as this element has a great impact on the degree of independence of judges, not only from political power, but also from the selecting body itself. The competency of this body could range from conducting competitive examinations and interviews in order to appoint those who score highest to directly possessing the power to appoint nominees at its discretion. In order to secure the independence of judges and the selection of the most suitable candidates, the Special Rapporteur highlights the importance of the establishment and application of objective criteria in the selection of judges. The principle of objective criteria was also highlighted by the Human Rights Committee24 and by the Committee against Torture.25 These objective criteria should relate particularly to qualifications, integrity, ability and efficiency.26 The Special Rapporteur emphasizes that selection of judges must be based on merit alone,27 a key principle also enshrined in Recommendation No. R (94) 1228 and the Statute of the Ibero-American Judge.29 The Special Rapporteur underscores that competitive examinations30 conducted at least partly in a written and anonymous manner can serve as an important tool in the selection process. 31. As a complement to a selection and nomination process that uses objective criteria to select judges, other procedures may be implemented to enhance the public certainty on the nominee’s integrity. Such could be the holding of public hearings where citizens, non-governmental organizations or other interested parties, are able to express their concern or support for particular candidates. 32. In this connection the Special Rapporteur refers to the appointment of the judges of the Supreme Court of Ecuador in 2005, which were made in accordance with his recommendations,31 in particular those referring to objective criteria to select candidates with a view to their independence, competencies and integrity. This ensured the transparency of the selection and appointment processes. Furthermore, for the first time in Ecuador’s history, public 24 CCPR/C/GC/32 (footnote 1), para. 19; CCPR/C/PRY/CO/2, para. 17. 25 Committee against Torture, CAT/C/SRB/CO/1, para. 9; see also Statute of the Ibero-American Judge, art. 12. 26 A/HRC/11/41/Add.1, Serbia; press release on the Special Rapporteur’s visit to Guatemala (26-30 January 2009) available at: http://www.unhchr.ch/huricane/huricane.nsf/ view01/79AC991E22A2DD8AC12575590056139A?opendocument, para. 6. 27 A/HRC/11/41/Add. 2, para. 99. 28 Principle I (2) (c). 29 Art. 11. 30 CCPR/CO/70/ARG, para. 6. 31 E/CN.4/2005/60/Add.4 and E/CN.4/2006/52/Add.2.

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