Home > 5.3 Validity of the question > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
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Paragraph 78
 

In a number of countries, such “inviolability” or “procedural immunity” exists to protect judges from potentially frivolous or false accusations, vexatious or manifestly ill-founded complaints that could exert pressure on them. Should the drafters opt for this type of wider immunity, the scope of such immunity should be strictly circumscribed. In any case, the procedure for lifting the immunity should include procedural safeguards to protect judicial independence and the requisite decision should be taken by an independent judicial body or other independent entity, while ensuring that conditions and mechanisms for lifting such immunity do not put judges beyond the reach of the law. One way to achieve this would be to ensure that the disciplinary commission is composed of a wide variety of stakeholders that would ensure its independence and neutrality (see par 76 supra).