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any form of political influence in their decision-making through the constitution or adoption of
laws establishing clear procedures and objective criteria for the appointment, remuneration,
tenure, promotion, suspension and dismissal of the members of the judiciary and disciplinary
sanctions taken against them.30 A situation where the functions and competencies of the judiciary
and the executive are not clearly distinguishable or where the latter is able to control or direct the
former is incompatible with the notion of an independent tribunal.31 It is necessary to protect
judges against conflicts of interest and intimidation. In order to safeguard their independence, the
status of judges, including their term of office, their independence, security, adequate
remuneration, conditions of service, pensions and the age of retirement shall be adequately
secured by law.
20.
Judges may be dismissed only on serious grounds of misconduct or incompetence, in
accordance with fair procedures ensuring objectivity and impartiality set out in the constitution
or the law. The dismissal of judges by the executive, e.g. before the expiry of the term for which
they have been appointed, without any specific reasons given to them and without effective
judicial protection being available to contest the dismissal is incompatible with the independence
of the judiciary.32 The same is true, for instance, for the dismissal by the executive of judges
alleged to be corrupt, without following any of the procedures provided for by the law.33
21.
The requirement of impartiality has two aspects. First, judges must not allow their
judgement to be influenced by personal bias or prejudice, nor harbour preconceptions about the
particular case before them, nor act in ways that improperly promote the interests of one of the
parties to the detriment of the other.34 Second, the tribunal must also appear to a reasonable
observer to be impartial. For instance, a trial substantially affected by the participation of a
judge who, under domestic statutes, should have been disqualified cannot normally be
considered to be impartial.35
22.
The provisions of article 14 apply to all courts and tribunals within the scope of that
article whether ordinary or specialized, civilian or military. The Committee notes the existence,
in many countries, of military or special courts which try civilians. While the Covenant does not
prohibit the trial of civilians in military or special courts, it requires that such trials are in full
conformity with the requirements of article 14 and that its guarantees cannot be limited or
modified because of the military or special character of the court concerned. The Committee also
notes that the trial of civilians in military or special courts may raise serious problems as far as
the equitable, impartial and independent administration of justice is concerned. Therefore, it is
important to take all necessary measures to ensure that such trials take place under conditions
which genuinely afford the full guarantees stipulated in article 14. Trials of civilians by military
or special courts should be exceptional,36 i.e. limited to cases where the State party can show that
resorting to such trials is necessary and justified by objective and serious reasons, and where
30
Concluding observations, Slovakia, CCPR/C/79/Add.79 (1997), para. 18.
Communication No. 468/1991, Oló Bahamonde v. Equatorial Guinea, para. 9.4.
32
Communication No. 814/1998, Pastukhov v. Belarus, para. 7.3.
33
Communication No. 933/2000, Mundyo Busyo et al v. Democratic Republic of Congo, para. 5.2.
34
Communication No. 387/1989, Karttunen v. Finland, para. 7.2.
35
Idem.
36
Also see Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949,
art. 64 and general comment No. 31 (2004) on the Nature of the General Legal Obligation Imposed on
States Parties to the Covenant, para. 11.
31