that the judges judges are therefore, appointed from among given the provisions duly appointed of Article 222 sitting of the Burundi Constitution, the participation of the other branches of government is inadvertently secured. 71. Article 222 provides for the appointment of judges to the Supreme Court in consultation with the Superior Council of the Judicature and with approval of Senate. Article 5 of Act No. However, given the express provisions of 1/26, we do not find the practice highlighted by learned Counsel for the Respondent to provide sufficient protection against the concentration of power Special Court in the Executive. couched for judicial We appointments to the take the view that Article 5 is in language that gives the appointing authority the option to either appoint sitting judges or lawyers. Whereas sitting judges would have been duly appointed in consultation with the Superior Council of Judicature and the participation of the Senate, the same safeguards cannot be said of lawyers appointed to the Special Court as judges. 72. There is no agreement appointment of judges. in left to individual guarantees law as to the method of It would appear that a degree of discretion is States, the international provided judiciary’s that the institutional appointment independence procedure and the selection criteria is premised on recognized standards of professional qualifications would and competence, underscore provide as well as personal the principle of separation indispensable safeguards for the integrity. of powers, individual This as well as independence and impartiality of judges. 73. To this provision end, for the Reference No.1 5 of 2014 some international role of the other institutions branches make appropriate of government in the Page 32