Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers the law whereby the salary reduction was imposed. The Court considered that the Government had thereby “placed economic pressure on the judges so that they would concede the constitutionality of the planned salary changes”.44 In its view, “the financial security component of judicial independence must include protection of judges’ ability to challenge legislation implicating their own independence free from the reasonable perception that the government might penalize them financially for doing so”.45 4.5.4 Promotion Principle 13 of the Basic Principles provides that “promotion of judges, wherever such a system exists, should be based on objective factors, in particular ability, integrity and experience”. Improper factors not linked to the professional merits of the judges concerned are thus not to be considered for purposes of promotion.46 Such improper factors might, for instance, include attitudes of discrimination based on gender, race or ethnicity.47 4.5.5 Accountability While there is no disagreement about the need for judicial discipline among judges, the question arises as to how to decide on possible sanctions in cases of misconduct, who should decide, and what the sanctions should be. It is also imperative that judges not be subjected to disciplinary action because of opposition to the merits of the case or cases decided by the judge in question. ***** With regard to Belarus, the Human Rights Committee noted “with concern the allegation that two judges were dismissed by the President ... on the ground that in the discharge of their judicial functions they failed to impose and collect a fine imposed by the executive”.48 The Committee was also concerned that the Cambodian Supreme Council of the Magistracy was “not independent of government influence” and that it had “not yet been able to deal with the allegations of judicial incompetence and unethical behaviour”. Given its further concern inter alia about the fact that the Ministry of Justice issued circulars that were binding on judges, the Committee recommended that the State party “should take urgent measures to strengthen the judiciary and to guarantee its independence, and to ensure that all allegations of corruption or undue pressure on the judiciary are dealt with promptly”.49 44 Ibid., loc. cit. The Judicial Compensation Committee was a body created by The Provincial Court Act for the purpose of issuing reports on judges’ salaries to the legislature. 45 Ibid. 46 Council of Europe Recommendation No. R (94) 12 emphasizes that “all decisions concerning the selection and career of judges should be based on objective criteria” and that not only the selection of judges but also their career “should be based on merit, having regard to qualifications, integrity, ability and efficiency”; moreover, decisions regarding the career of judges should be independent of both the Government and the administration (principle I.2.c.). 47 As to minority representation in the legal profession in the United States, see report by the American Bar Association Commission on Racial and Ethnic Diversity in the Profession entitled Miles to Go 2000: Progress of Minorities in the Legal Profession. According to this report, minority representation in the legal profession is significantly lower than in most other professions. Although mainly devoted to lawyers, the report also contains a subsection on the Judiciary; see www.abanet.org/minorities. 48 UN doc. GAOR, A/53/40 (vol. I), para. 149. 49 UN doc. GAOR, A/54/40 (vol. I), paras. 299-300. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 129