A/HRC/11/41 page 19 disciplinary body is paramount.81 In cases of dismissal by political bodies, it is even more important that their decision be subject to judicial review. This requirement is also reflected in international and regional standards.82 62. The Special Rapporteur considers that temporary or provisional judges, which exist in a few Member States, must have the same guarantees as those with a life or fixed-term tenure, given that they perform judicial tasks. He highlighted that the discretional dismissal of temporary judges puts the independence of the judiciary at stake.83 Therefore, temporary judges can only be dismissed by disciplinary procedures that respect fair trial guarantees and are conducted by an independent body. 63. In order to enhance transparency, it is recommended that decisions related to disciplinary measures be made public.84 64. As a second exception, one may refer to situations of transition from an authoritarian to a democratic system, in which the objective of limitations to the principle of irremovability would be to end impunity and to prevent the reoccurrence of serious human rights violations. The Special Rapporteur has analysed these issues in more detail in previous reports.85 In the current context, he wishes to reiterate that while judicial renewal may be approached in different ways, in all cases compliance with the Basic Principles on the Independence of the Judiciary must be ensured. Furthermore, the Special Rapporteur highlights that an individualized analysis (“review”) together with the possibility to appeal the decision with a view to obtaining an independent review in compliance with the Basic Principles on the Independence of the Judiciary86 is the preferable approach for judicial renewal.87 Thus, in such cases, it would be 81 Basic Principles on the Independence of the Judiciary, principle 20; Beijing Statement (footnote 8), principle 26; Principles and Guidelines in Africa (footnote 8), A (4) (q). 82 Basic Principles on the Independence of the Judiciary, principle 17; Recommendation No. R (94) 12 (footnote 14), principles VI (3); Statute of the Ibero-American Judge, art. 20; Beijing Statement (footnote 8), principle 26; Principles and Guidelines in Africa (footnote 8), A (4) (q). 83 A/HRC/11/41/Add.1, Venezuela (footnote 78); see also Inter-American Court of Human Rights, Apitz Barbera et al. v. Venezuela, paras. 42-46. 84 Beijing Statement (footnote 8), principle 28. 85 E/CN.4/2006/52, paras. 40-55; E/CN.4/2005/50, paras. 43-56. 86 Principle 20. 87 See E/CN.4/2006/52, para. 54.

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