A/HRC/11/41
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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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