Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers It would thus appear clear that the Human Rights Committee considers that the term “independent” in article 14(1) of the Covenant requires that unethical professional behaviour be dealt with by an organ fully independent of government influence. The matter of discipline, suspension and removal of judges is also dealt with in Principles 17-20 of the United Nations Basic Principles, which read as follows: “17. A charge or complaint made against a judge in his/her judicial and professional capacity shall be processed expeditiously and fairly under an appropriate procedure. The judge shall have the right to a fair hearing. The examination of the matter at its initial stage shall be kept confidential, unless otherwise requested by the judge. 18. Judges shall be subject to suspension or removal only for reasons of incapacity or behaviour that renders them unfit to discharge their duties. 19. All disciplinary, suspension or removal proceedings shall be determined in accordance with established standards of judicial conduct. 20. Decisions in disciplinary, suspension or removal proceedings should be subject to an independent review. This principle may not apply to decisions of the highest court and those of the legislature in impeachment or similar proceedings.” It is noteworthy, however, that Principle 17 speaks only of “an appropriate procedure” and that Principle 20 recommends that decisions in disciplinary and other procedures “should be subject to an independent review” (emphasis added). It would thus appear that the interpretation of article 14(1) of the International Covenant on Civil and Political Rights by the Human Rights Committee goes further than the Basic Principles in this respect.50 ***** In a case against Burkina Faso, the African Commission on Human and Peoples’ Rights had to consider the State’s failure to give any legal reasons to justify the retention of the punishment meted out to two magistrates. The two were among a number of magistrates who had been suspended, dismissed or forced to retire in 1987. Many of the persons affected by this measure were subsequently reinstated by virtue of an amnesty, while many others, including the two magistrates who were the subject of 50 Principle VI of Council of Europe Recommendation No. R (94) 12 also deals with the failure to carry out responsibilities and disciplinary offences, and, depending on legal principles in force and traditions of the States, disciplinary measures may inter alia include: 1) withdrawal of cases from the judge; 2) moving the judge to other judicial tasks within the court; 3) economic sanctions such as a reduction in salary for a temporary period; and 4) suspension (Principle VI.1.). However, appointed “judges may not be permanently removed from office without valid reasons until mandatory retirement”, reasons that “should be defined in precise terms by the law”. These reasons could also “apply in countries where the judge is elected for a certain period, or may relate to incapacity to perform judicial functions, commission of criminal offences or serious infringements of disciplinary rules” (Principle VI.2). Moreover, where the measures mentioned in Principles VI.1 and 2 “need to be taken, States should consider setting up, by law, a special competent body which has as its task to apply disciplinary sanctions and measures, where they are not dealt with by a court, and whose decisions shall be controlled by a superior judicial organ, or which is a superior judicial organ itself” (emphasis added). The law should also “provide for appropriate procedures to ensure that judges in question are given at least all the due process requirements [of the European Convention on Human Rights], for instance that the case should be heard within a reasonable time and that they should have a right to answer any charges” (Principle VI.3). 130 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers