impartiality and independence from the influence of external authority. However, the same case did also portend judges' security of tenure; the existence of safe guards against external pressure, and whether or not judges are employees of the other branches of government or otherwise subordinated to them as critical parameters to a determination of judges' individual independence. 78.No evidence was adduced by the Applicants as_ satisfactorily established a lack of security of tenure of the Special Court's judges that could absence engender deference of adequate to their appointing safe guards The Applicants seconded from civil service but furnished in support of that allegation. did allude to the court's judges no semblance The partiality might largely hinge on perception process such as the or the in the said court against external pressure. judicial authority, present as being of evidence question was of judges' but, once subjected to a proceedings, established by cogent and credible evidence. must be duly The appointment and remuneration of the Special Court's judges by the Executive per se is not sufficient reason to deduce them as jafpartial, especially given the criteria for appointment stipulated in Article 5 of Act No. 1/26. provision enjoins the appointing authority to appoint members Special Court from judges and impartiality and independence. lawyers of proven moral That of the integrity, Consequently, we would disallow the Applicants’ claims of breach of the right to fair trial. 79. In the result, we find that Articles 2, 8 and 9 of Act No. 1/26 have not been proven to contravene the principles of rule of law and good governance, and accordingly do not violate Articles 6(d) and 7(2) of the We Treaty. are satisfied that Article 5 of the said law does contravene the principle of good governance as enshrined in Articles Reference No.1 5 of 2014 Page 35