20 access to the Judicial Power. Therefore, the judges must be selected exclusively based on their personal merits and professional qualifications, through objective selection and continuance mechanisms that take into account the peculiarity and specific nature of the duties to be fulfilled. 73. Similarly, the appointment procedures may not involve unreasonable privileges or advantages. The equal opportunities are guaranteed through an open competition, so that any citizen who can prove it complies with the requirements determined in the law may participate in the selection processes without being object to arbitrary unequal treatments. All those who aspire shall compete in equal conditions even regarding those who temporarily occupy the positions, who for having that condition cannot be treated with privileges or advantages, or with disadvantages, with regard to the position occupied by them or the one they aspire to occupy. In synthesis, an open and equal opportunity shall be granted through an ample public announcement, which shall be clear and transparent with regard to the requirements demanded for the fulfillment of the position. Therefore, any restriction that prevents or makes it difficult for anybody who is not part of the administration or any entity, that is, an individual who has not accessed the service, to do so based on their merits is not admissible. 74. Finally, when the States establish procedures for the appointment of their judges, they must take into account that not just any procedure satisfies the conditions demanded by the Convention for the adequate implementation of a truly independent regimen. If basic parameters of objectivity and reasonability are not respected, it would be possible to design a regimen that allows a high level of discretional consideration in the selection of the judicial career officials, by virtue of which the people chosen would not necessarily be the most fit. ii) tenure 75. The Basic Principles state that “[t]he term of office of judges shall be adequately secured by law”72 and 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.”73 76. On the other hand, the Universal Principles also state that “[p]romotion of judges, wherever such a system exists, should be based on objective factors, in particular on ability, integrity and experience.”74 77. Finally, the Basic Principles state that the judges “shall be subject to suspension or removal only for reasons of incapacity or behavior 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.”75 Similarly, the Human Rights Committee has pointed out that the judges may only be removed for grave disciplinary offenses or incapacity and according to fair procedures that guarantee objectivity and impartiality according to the 72 Cf. Principle 11 of the Basic Principles of the United Nations, supra note 65. 73 Cf. Principle 12 of the Basic Principles of the United Nations, supra note 65. 74 Cf. Principle 13 of the Basic Principles of the United Nations, supra note 65. 75 Cf. Principles 18 and 19 of the Basic Principles of the United Nations, supra note 65.

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