A/HRC/44/47/Add.2
104. Decisions on the selection of candidates should be based solely on merit, having
regard to their qualifications, skills and capacities, as well as to their integrity,
independence, impartiality and human rights values. The selection process should be
entrusted to an independent authority, such as the Council of the Judiciary. Should
the President of the Supreme Court retain the authority to formally appoint judges,
such discretionary power should be limited to the candidates included in the list
prepared by the Council and in the ranking order indicated by the selection body.
3.
Disciplinary proceedings
105. The current regime for disciplinary measures against judges and magistrates
should be reviewed, so as to ensure that judges are suspended or dismissed solely on
grounds of serious misconduct or incompetence and in accordance with fair
procedures ensuring objectivity and impartiality. Appropriate procedures should also
be established to allow for an independent review of the decisions in disciplinary
proceedings.
106. The responsibility for disciplinary proceedings against judges should be vested
in an independent authority composed primarily of judges, such as the Council of the
Judiciary or a court. In order to avoid excessive concentration of power in one body,
the competence to receive complaints and conduct investigations and the competence
to adjudicate disciplinary cases should be vested in separate branches of the Council
of the Judiciary or in different authorities entirely.
107. In the context of disciplinary proceedings, accused judges should be provided
with all the procedural guarantees set out in article 14 of the International Covenant
on Civil and Political Rights, including the right to defend themselves in person or
with the assistance of a legal counsel of their choosing.
C.
Selection and appointment of key actors in the justice system
108. The procedure for the selection and appointment of magistrates of the Supreme
Court, the Prosecutor-General and the Deputy Prosecutor-General should be
reviewed, in order to avoid any interference from political parties and economic
groups in the selection of high-ranking officials of the justice system.
109. The composition and functioning of the selection boards in charge of preparing
a list of candidates to those positions should be regulated by law.
110. The law should also set out clear and objective criteria for the assessment of
candidates. In that regard, the Special Rapporteur recommends that additional
criteria should be developed that allow for the assessment of the moral integrity,
independence and professional qualifications of the candidates.
111. The procedure for the assessment of candidates should include provisions to
ensure transparency and allow for public scrutiny. In particular, the curricula vitae of
the candidates should be made publicly available, and civil society should be allowed
to participate in public hearings with the candidates so as to enable the general public
to assess their personal and professional background, as well as their integrity and
independence.
112. In order to avoid that candidates are selected in the National Congress on the
basis of their actual or perceived political affiliation, the Special Rapporteur considers
that the power to select and appoint high-ranking officials of the justice system should
be entrusted to an independent authority, such as the Council of the Judiciary or a
similar independent institution, such as a prosecutorial council. Should the National
Congress retain the power to formally appoint judges, the appointment should be
made on the basis of a transparent process and chosen from candidates on a list
presented by the appointment board.
16
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