A/HRC/11/41 page 20 crucial to inquire objectively on a case-by-case basis whether a judge was appointed unlawfully or whether he/she derives judicial power from an act of allegiance so as to determine to relieve the person from his/her functions.88 2. Immunity 65. The Basic Principles stipulate that judges should enjoy personal immunity from civil suits for monetary damages for improper acts or omissions in the exercise of their judicial functions. According to the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, judicial officers shall also not be criminally liable for such acts or omissions. The Human Rights Committee emphasized that judges should not be held criminally liable for handing down “unjust judgments” or committing legal errors in their decisions.89 66. In order to protect judges from unwarranted prosecution, the Special Rapporteur considers it essential that judges also be granted some degree of criminal immunity.90 The principle is far from being implemented universally and he noted the absence of legislation on judicial immunity during a recent country visit recommending the adoption of specific norms.91 67. On the other hand, the Special Rapporteur emphasizes that it is paramount to ensure the accountability of judges so that immunity may not be abused. In this connection, in several country mission reports, he has made reference to procedures for lifting judicial immunity.92 The Special Rapporteur underscores that such procedures must be legislated in great detail and should aim at reinforcing the independence of the judiciary. He therefore considers that if such a decision solely depends on the discretion of a body of the executive branch, this may expose judges to political pressure and jeopardize their independence. 3. Promotion 68. Principle 13 of the Basic Principles of the Independence of the Judiciary stipulates that the promotion of judges should be based on objective factors, in particular ability, integrity and experience. Similar provisions are contained in the regional standards.93 88 Principle 30 of the Updated Set of Principles for the protection and promotion of human rights through action to combat impunity, E/CN.4/2005/102. 89 CCPR/CO/72/PRK, para. 8; A/56/44 (Supp.), paras. 37 and 39. 90 See art. 10, Universal Charter of the Judge. 91 A/HRC/4/25/Add.2, paras. 30 and 82. 92 E/CN.4/2005/60/Add.2, para. 36; E/CN.4/2006/52/Add.4, para. 52. 93 Recommendation No. R (94) 12 (footnote 14), principle I (2); Principles and Guidelines in Africa (footnote 8), A (4) (o); Beijing Statement (footnote 8), principle 17; Statute of the Ibero-American Judge, principle 17.