A/HRC/41/48 institution or inconsistent with their duty to be, and to be perceived as, independent and impartial. 108. Judges and prosecutors have the right to form and join professional organizations to protect their professional interests. They can also be members of other organizations, provided that their membership of these associations does not compromise the dignity of their office or their independence and impartiality. Political rights 109. The Special Rapporteur acknowledges that there is no general international consensus on whether judges and, to a lesser extent, prosecutors should be free to participate in politics or not. 110. As citizens, judges and prosecutors are entitled to exercise their political rights on an equal basis with other citizens. However, judges and prosecutors should show restraint in the exercise of public political activity, in order to preserve the independence of the judiciary and the separation of powers. 111. Even in cases where their membership of a political party or their participation in public debate is not expressly prohibited, it is necessary for judges and prosecutors to refrain from any political activity that might compromise their independence or jeopardize the appearance of impartiality. 112. With regard to direct involvement in politics, the Special Rapporteur is of the view that judges and prosecutors should avoid any partisan political activity that may undermine their impartiality or be inconsistent with the principle of the separation of powers. 19

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