their stability until mandatory retirement age or the end of their term of
office, if any, the conditions for promotion, transfer, suspension and
termination of their duties, and the effective independence of the judiciary
from political interference by the executive and legislative branches of
government. States should adopt specific measures to ensure the
independence of the judiciary by protecting judges from any form of political
influence in their decision making through the establishment or adoption of
laws establishing clear procedures and objective criteria for the appointment,
remuneration, term of office, promotion, suspension and dismissal of
members of the judiciary and disciplinary sanctions against them. The
requirement of impartiality has two aspects. First, judges must not allow
their judgment to be influenced by personal bias or prejudice, nor harbor
prejudices about the particular case before them, nor act in a way that unduly
promotes the interests of one party over the other. The court must also appear
impartial to a reasonable observer. (See Human Rights Committee, General
Comment No. 32 §20 e 21).
134. Returning to the case at hand, it should be noted that the Applicant at
the time of the facts, was a Member of Parliament with the status of former
Speaker of the National Assembly and, for these facts, he held parliamentary
immunity.
135. The Respondent does not contradict this argument, but rather confirms
it.
136. However, the Applicant believes that the Federal Attorney was not
competent to make the requisition for waiver of his parliamentary immunity
because he was not a judicial authority.
137. Let us see whether this argument by Applicant proves to be well
founded.
32