incompetence. 191 Similarly, the Basic Principles state the following on disciplinary measures, suspension and removal: “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 behavior that renders them unfit to discharge their duties.” 192 148. In addition, other standards draw a distinction between the sanctions applicable, emphasizing that the guarantee of immovability implies that dismissal is the result of serious misconduct, while other sanctions may be considered in the event of negligence or incompetence. The Council of Europe’s Recommendations on the Independence, Efficiency and Role of Judges 193 specify the following: “Principle I. General Principles on the Independence of Judges […] 2. […] a. i. decisions of judges should not be the subject of any revision outside any appeals procedures as provided for by law; […] Principle VI – Failure to carry out responsibilities and disciplinary offences 1. Where judges fail to carry out their duties in an efficient and proper manner or in the event of disciplinary offences, all necessary measures which do not prejudice judicial independence should be taken. Depending on the constitutional principles and the legal provisions and traditions of each state, such measures may include, for instance: a. withdrawal of cases from the judge; b. moving the judge to other judicial tasks within the court; c. economic sanctions such as a temporary reduction in salary; d. suspension. 2. Appointed judges may not be permanently removed from office without valid reasons until mandatory retirement. Such reasons, which should be defined in precise terms by the law, could apply in countries where the judge is elected for a certain period, or may relate to incapacity to perform judicial functions, the commission of criminal offences or serious infringements of disciplinary rules. 3. Where measures under paragraphs 1 and 2 of this article need to be taken, States should consider setting up, by law, a special competent body, whose task is to apply any disciplinary sanctions and measures, where these are not dealt with by a court, and whose decisions shall be controlled by a superior judicial organ, or one which is a superior judicial organ itself. The law should provide for appropriate procedures to ensure that the judges in question are granted at least all the due process requirements of the Convention, for instance that the case should be heard within a reasonable time and that they should have a right to answer any charges.” 149. For its part, the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa include the specific prohibition to remove judges merely because their rulings have been overturned. Indeed, these principles and guidelines establish that “judicial officers [...] shall not be removed from office or subject to other disciplinary or administrative procedures by reason only that their decision has been overturned on appeal or review by a higher court.” 194 191 Cf. Human Rights Committee, General Comment No. 32, Article 14: Right to Equality before Tribunals and Courts 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. 192 Principles 17 and 18 of the United Nations Basic Principles. 193 Recommendation No. R (94) 12 of the Committee of Ministers of the Member States on the Independence, Efficiency and Role of Judges (Adopted by the Committee of Ministers on October 13, 1994 at the 518th meeting of the Ministers’ Deputies). 194 Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, adopted as part of the report on activities of the African Commission at the Second Summit and Meeting of Heads of State of the African Union, held in Maputo on July 4 -12 2003, Principle A, paragraph 4, letter n (2). 45