Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers 4.5 The notion of individual independence It is not only the Judiciary per se, as a branch of government, that must be independent of the Executive and Parliament; the individual judges, too, have a right to enjoy independence in carrying out their professional duties. This independence does not mean, of course, that the judges can decide cases on the basis of their own whims or preferences: it means, as will be shown below, that they have both a right and a duty to decide the cases before them according to the law, free from fear of personal criticism or reprisals of any kind, even in situations where they are obliged to render judgements in difficult and sensitive cases. Unfortunately, judges are not always allowed to carry out their work in this spirit of true independence, but in many countries have to suffer undue pressure ranging from inappropriate personal criticism and transfer or dismissal to violent and even fatal attacks on their person. The independence of the individual judge must be secured in a number of ways, the most important of which will be described below. 4.5.1 Appointment International law does not provide any details as to how judges should be appointed, and the Basic Principles are neutral with regard to the appointment or election of judges. However, according to Principle 10 of the Basic Principles: “Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law. Any method of judicial selection shall safeguard against judicial appointments for improper motives. In the selection of judges, there shall be no discrimination against a person on the grounds of race, colour, sex, religion, political or other opinion, national or social origin, property, birth or status, except that a requirement, that a candidate for judicial office must be a national of the country concerned, shall not be considered discriminatory.” This principle means that, irrespective of the method of selection of judges, candidates’ professional qualifications and their personal integrity must constitute the sole criteria for selection. Consequently, judges cannot lawfully be appointed or elected because of the political views they hold or because, for instance, they profess certain religious beliefs. Such appointments would seriously undermine the independence both of the individual judge and of the Judiciary as such, thereby also undermining public confidence in the administration of justice. ***** The Human Rights Committee has expressed concern “that in appearance as well as in fact” the Judiciary in the Sudan was “not truly independent, ... that judges can be subject to pressure through the supervisory authority dominated by the Government, and that very few non-Muslims or women occupy judicial positions at all levels”. It therefore recommended that “measures should be taken to improve the independence and technical competence of the judiciary, including the appointment of Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 123