A/HRC/10/19 page 22 99. Independency and impartiality of the judiciary remains an outstanding issue in Myanmar. Members of the Supreme Court are appointed by the Head of State, due process of law is not fully respected, and the right to appeal, if granted, is handled by judges with similar constraints and lack of independence. Consequently, the Special Rapporteur reiterates his recommendations that the judiciary: (a) Exercise full independence and impartiality, particularly in cases of prisoners of conscience; (b) Guarantee due process of law, including public hearings, in trials against prisoners of conscience; (c) Refrain from charging and convicting individuals for alleged infringement of national laws that are under review, in compliance with the first core human rights element. The Special Rapporteur urges the judiciary to refrain from conducting trials against prisoners of conscience, if independency is not assured, due process of law is not guaranteed and national law is not properly reviewed; (d) Establish effective judicial mechanisms to investigate human rights abuses in order to fight impunity; (e) Seek international technical assistance with a view to establishing an independent and impartial judiciary that is consistent with international standards and principles. In this respect, the Chief Justice accepted the recommendation to engage with the Special Rapporteur on the independence of judges and lawyers, a decision that was welcomed. -----

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