A/HRC/41/48 97. The Special Rapporteur encourages professional associations of judges and prosecutors to establish consultative and advisory bodies that advise judges and prosecutors whenever they have uncertainties as to whether a given activity in the private sphere is compatible with their responsibilities and duties as civil servants. Such advisory bodies should be separate from the bodies responsible for imposing disciplinary sanctions. 98. Any charge or complaint against judges or prosecutors relating to the exercise of their fundamental freedoms should be brought before an independent authority, such as a judicial or prosecutorial council, or a court. Disciplinary proceedings should be determined in accordance with the law, the code of professional conduct and other established standards and ethics. 99. Removal from office should only be imposed in the most serious cases of misconduct, as provided in the professional code of conduct, and only after a due process hearing granting all guarantees to the accused. 100. Decisions in disciplinary proceedings should be subject to an independent review. Freedom of expression 101. In exercising their freedom of expression, judges and prosecutors should bear in mind their responsibilities and duties as civil servants, and exercise restraint in expressing their views and opinions in any circumstance when, in the eyes of a reasonable observer, their statement could objectively compromise their office or their independence or impartiality. 102. As a general principle, judges and prosecutors should not be involved in public controversies. However, in limited circumstances they may express their views and opinions on issues that are politically sensitive, for example when they participate in public debates concerning legislation and policies that may affect the judiciary or the prosecution service. In situations where democracy and the rule of law are under threat, judges have a duty to speak out in defence of the constitutional order and the restoration of democracy. 103. Judges and prosecutors should show circumspection in their relations with the press. They should always refrain from comments on the cases they are dealing with, and avoid any unjustified comments that may call their impartiality into question. 104. Judges and prosecutors should be cautious when using social media. When posting on social media, they should take into account that anything they publish becomes permanent, even after they delete it, and may be freely interpreted or even taken out of context. When making anonymous comments on the Internet, judges should always be mindful that there are various ways to identify the person who posted the comment. 105. Any personal information or photograph shared on social media should be modest and decent. Judges and prosecutors should always refrain from making partisan political comments, and never post anything that may conflict with the dignity of their office or otherwise affect the judiciary or the prosecution service as an institution. 106. Judges and prosecutors may use Twitter; however, since a Twitter account identifies them as a judge or a prosecutor, it should only be used for informational and educational purposes and for activities connected with their work. Freedom of assembly and association 107. Judges and prosecutors have the right to freedom of peaceful assembly. In exercising this right, they should bear in mind their responsibilities and duties as civil servants, and exercise restraint whenever their participation in a peaceful demonstration could be regarded as being incompatible with the authority of their 18