- 64 195. The guarantee of an appropriate selection process, of tenure, and against external pressures, all derived from judicial independence, have also been affirmed by the European Court of Human Rights, and are established in the United Nations Basic Principles.348 196. Among the relevant features of tenure, the United Nations Basic Principles establish that “[t]he term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law,”349 and also that “[j]udges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age or the expiry of their term of office, where such exists.”350 In addition, the Human Rights Committee of the International Covenant on Civil and Political Rights (hereinafter “the Human Rights Committee”) has indicated that “[j]udges 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.”351 This Court has adhered to these Principles and has affirmed that the authority responsible for the procedure to dismiss a judge must conduct itself with independence and impartiality in the procedure established for this purpose, and permit the exercise of the right of defense.352 This is because the free removal of judges gives rise to objective concerns about the real possibility of judges deciding specific disputes without fear of reprisals.353 197. Regarding the guarantee against external pressures, the United Nations Basic Principles provides that: “[t]he Judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.”354 In addition, the Principles establish that: “[t]here shall not be any inappropriate or unwarranted interference with the judicial process.”355 198. One of the essential components of the guarantee of tenure for judges is that they may only be dismissed for conducts that are clearly inexcusable. In its General Comment No. 32, the Human Rights Committee established that “judges may be dismissed only on serious grounds of misconduct or incompetence.356 Furthermore, the Basic Principles stipulate the following with regard to discipline, suspension and removal: 348 Cf. The United Nations Basic Principles. 349 Principle 11 of the United Nations Basic Principles. 350 Principle 12 of the United Nations Basic Principles. 351 Cf. Human Rights Committee. General Comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial, CCPR/C/GC/32, August 23, 2007, para. 20. In addition, in this same General Comment, the Committee stated that: “[t]he 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” (para. 20). In addition, the United Nations Basic Principles establish that “[j]udges shall be subject to suspension or removal only for reasons of incapacity or behaviour that renders them unfit to discharge their duties,” and that “[a]ll disciplinary, suspension or removal proceedings shall be determined in accordance with established standards of judicial conduct.” Principles 18 and 19, respectively, of the United Nations Basic Principles. 352 Cf. Case of the Constitutional Court v. Peru, supra, para. 74, and Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador, supra, para. 198. 353 Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra, para. 44, and Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador, supra, para.189. See also: Principles 2, 3 and 4 of the United Nations Basic Principles. 354 Principle 2 of the United Nations Basic Principles. 355 Principle 4 of the United Nations Basic Principles. 356 Cf. Human Rights Committee, General Comment No. 32: Article 14: Right to equality before courts and tribunals and to a fair trial, CCPR/C/GC/32, August 23, 2007, para. 20. See also Human Rights Committee, Communication No. 1376/2005, Soratha Bandaranayake v. Sri Lanka, CCPR/C/93/D/1376/2005, para. 7.3.