case should they be selected, or appointed, by the executive branch.937. As to the appointment of the Chair of the Supreme Judicial Council, the SpecialRapporteur considers that the Chair should be an impartial person who does not have anypolitical affiliation, and should be elected by the Council itself from among its judge-5 Law No. ZRU-427 of 6 April 2017, as amended by Law No. ZRU-566 of 10 September 2019.6 A/HRC/38/38, para. 42.7 See also Organization for Security and Cooperation in Europe/Office for Democratic Institutions andHuman Rights, “Opinion on the Law on the High Judicial Council of the Republic of Uzbekistan”,Opinion-Nr.: JUD-UZB/327/2018, 1 October 2018, paras. 22–29; and Organization for EconomicCooperation and Development, Anti-Corruption Reforms in Uzbekistan: 4th Round of Monitoring ofthe Istanbul Anti-Corruption Action Plan, 2019, pp. 104–106.8 A/HRC/38/38, paras. 72–73.9Ibid., paras. 76–77 and 108.
39. The Council is now responsible for the selection and appointment of the majority of national judges (judges of military courts, regional courts and Tashkent city courts, Chairs 6 A/HRC/38/38, para. 42. 7 See also Organization for Security and Cooperation in Europe/Office for Democratic Institutions and Human Rights, “Opinion on the Law on the High Judicial Council of the Republic of Uzbekistan”, Opinion-Nr.: JUD-UZB/327/2018, 1 October 2018, paras. 22–29; and Organization for Economic Cooperation and Development, Anti-Corruption Reforms in Uzbekistan: 4th Round of Monitoring of the Istanbul Anti-Corruption Action Plan, 2019, pp. 104–106. 8 A/HRC/38/38, paras. 72–73. 9 Ibid., paras. 76–77 and 108. 10 Ibid., para. 112. and judges of interdistrict, district and city courts). Until recently, the Council exercised this competence in consultation with the President (article 63, paragraph 5, of the Law on Courts), but such consultative process has now been eliminated.11