A/HRC/8/4 page 16 the parties is also restricted, and accused persons are usually denied the right to communicate with their lawyers, especially when held incommunicado.41 In addition, there are severe restrictions on the right to call and examine witnesses, or to have witnesses examined.42 37. Administrative boards with the status of military or emergency courts - Previous reports have condemned the grave violations of human rights - in particular of the right to a fair trial - that have taken place in recent years as a result of the establishment of such courts as part of efforts to combat terrorism or in application of national security legislation, or during states of emergency. An example of the first of these is contained in a report on the situation of detainees at Guantanamo Bay.43 The requirement of competence, independence and impartiality of a tribunal in the sense of article 14, paragraph 1, of the International Covenant on Civil and Political Rights is an absolute right that is not subject to any exception, and any trial that fails to meet these requirements violates the right of access to justice. 38. Religious and customary courts - In many countries, the culture and/or the religion have led to the formal justice system existing side by side with customary and/or religious courts. This makes for a broader range of judicial services and, in the case of customary courts, “neighbourhood” justice. Nonetheless, it should be pointed out that the Human Rights Committee has indicated that such courts cannot hand down binding judgements recognized by the State unless the proceedings are limited to minor matters, they meet the basic requirements of fair trial and other procedural guarantees, and their judgements are validated by State courts and can be challenged by the parties concerned in a procedure meeting the requirements of article 14 of the Covenant; judgements that do not conform to international human rights standards are not acceptable. Nevertheless, complaints received by the Special Rapporteur show that such conditions are frequently not met, especially with regard to the existence of an independent system of legal defence and an appellate body to which convicted persons may apply. 2. Conditions of professional judicial practice 39. Judges - In terms of guaranteeing the complete independence of the judiciary, the Human Rights Committee refers to the procedure and qualifications for the appointment of judges, other guarantees relating to their security of tenure44 and conditions governing promotion, transfer, 41 CDH, Comunicaciones Nos. 577/1994, Polay Campos c. el Perú, párr. 8.8; 1126/2002, Carranza Alegre c. el Perú, párr. 7.5. 42 CDH, Comunicaciones Nos. 678/1996, Gutiérrez Vivanco c. el Perú, párr. 7.1; Nº. 1126/2002, Carranza Alegre c. el Perú, párr. 7.5; 1125/2002, Quispe Roque c. el Perú, párr. 7.3; 1058/2002, Vargas Mas c. el Perú, párr. 6.4. 43 44 E/CN.4/2006/120. Así, por ejemplo, ha mantenido que la destitución de jueces por el Poder ejecutivo, por ejemplo antes de la expiración del mandato para el que fueron nombrados, sin que se les dé ninguna razón concreta y sin que dispongan de una protección judicial efectiva para impugnar la destitución, es incompatible con la independencia del Poder judicial. CDH, Comunicación Nº 814/1998, Pastukhov c. Belarús, párr. 7.3.