A/HRC/26/32 procedural safeguards, including the right to present a defence and to appeal to a competent higher court.21 91. Indeed, the Human Rights Committee has indicated that, in order to ensure the independence of the judiciary, States should establish an independent body responsible for the appointment and promotion of judges, as well as for the application of disciplinary regulations.22 The Committee has also recommended that States parties should strengthen the independence of the judiciary by providing for judicial, rather than parliamentary, supervision and discipline of judicial conduct.23 92. The composition, structure and mandate of those independent bodies vary from one judicial system to another, but some general guidelines should be taken into account for their functioning in order to ensure that they act in accordance with international standards. 93. In order to perform its tasks with propriety, a commission or council for the judiciary should preferably be composed entirely of members of the judiciary, retired or sitting, although some representation of the legal profession or academics could be advisable. No political representation should be permitted, in order to prevent politicization and avoid external influences that can compromise the implementation of measures to ensure the independence, impartiality, integrity and accountability of the judiciary. In addition, the independent body should manage its own budget and have enough human and financial resources to properly function with independence. It should also be accountable for its activities, in order to avoid the possible public perception that it works only for the self-interest and self-protection of the profession. Independent bodies in charge of the accountability of prosecutors could follow a similar structure, while their composition should be adapted. 94. With regard to the legal profession, an independent professional organization or bar association should be established to represent the interests of lawyers, regulate their entry to the profession, protect their professional integrity and apply disciplinary proceedings. 95. As mentioned above, the regulation, monitoring and accountability of the legal profession is usually exercised by the executive, the judiciary, or bar associations. The Special Rapporteur underlines that it is contrary to the Basic Principles on the Role of Lawyers that licenses to practise law, as well as disciplinary measures, be controlled by the executive. 96. The Special Rapporteur has consistently and strongly supported the establishment of an independent, self-regulating bar association or council to oversee the process of admitting candidates to the legal profession, provide for a uniform code of ethics and conduct, and enforce disciplinary measures, including disbarment. Such an association would not only provide a mechanism to protect its members against undue interference in their legal work, but also monitor and report on the members’ conduct, ensuring their accountability and applying disciplinary measures in a fair and consistent manner (A/HRC/23/43/Add.3, paras. 87 and 88). IV. State responsibility and the right to a remedy 97. International and regional standards recognize the civil responsibility of the State by ensuring effective remedies for persons whose human rights have been violated owing to 21 22 23 Ibid., para. 26. See CCPR/C/ARM/CO/2-3, para. 21. See CCPR/CO/79/LKA, para.16. 17

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