39. 委员会注意到作为司法改革的一部分所采取的措施，如 2016 年对《司法系统和法官地位法》进行了修订，但委员会仍感关切的是，由于总统在法官和检察官的遴选、任命、连任、晋升和解职方面的作用和控制以及法官任期缺乏保障(最初任期为五年，有可能无限期连任），司法机关的独立性继续受到损害。委员会还感到关切的是，法官的工资是由总统令决定的，而不是由法律决定的。委员会还感到关切的是：(a) 正如委员会在根据《任择议定书》提出的意见中反复提到的那样，刑事被告在法庭诉讼时仍被关押在玻璃或金属牢笼中，有时被要求带着镣铐和弯腰进出法庭，这种做法违反了无罪推定原则；(b) 在与 2006 年和2010 年选举有关的反对派候选人和活动者的审判中，据称没有遵守公正审判保障，包括公开审理的权利、聘请律师的机会和尊重无罪推定(第十四条)。
39. While noting the measures taken as part of judicial reform, such as the 2016 amendments to the Code on the Judicial System and the Status of Judges, the Committee remains concerned that the independence of the judiciary continues to be undermined by the President’s role in, and control over, the selection, appointment, reappointment, promotion and dismissal of judges and prosecutors and by the lack of security of tenure of judges, who are appointed initially for a term of five years with the possibility of reappointment for a further term or for indefinite terms. It is also concerned that the salaries of judges are determined by presidential decree rather than by law. The Committee is further concerned about: (a) the violation of the presumption of innocence for criminal defendants who continue to be held in glass or metal cages in court proceedings, and who are sometimes required to enter and leave the courtroom shackled and in a bent position, as addressed repeatedly by the Committee in its Views under the Optional Protocol; and (b) the reported failure to observe fair-trial guarantees, including the right to a public hearing, access to counsel and respect for the presumption of innocence during the trial of opposition candidates and activists relating to the elections of 2006 and 2010 (art. 14).