JSC responds:
Judges of lower courts are appointed according to the law; no institution can withhold their salaries

Judicial Service Commission (JSC) has said that the Judges of lower courts are appointed in accordance with the Constitution and that no government institution has the authority to withhold their salaries.

An eleven-page document published by the Commission today following the leak of an audio in which the President is heard saying that the salaries of lower court Judges will be withheld, says that according to article 285 (b) of the constitution, JSC has the authority to determine whether Judges fulfil their requirements. In addition, JSC has determined that the current Judges of the lower courts fulfil the requirements obligated in article 149 of the constitution, and are therefore appointed according to the law.

The document also says that the Judges’ salaries are approved by the Parliament, and that it is the responsibility of the State to provide the Judges with salaries as approved by the Parliament.

“We advise against any obstruction in providing the Judges with their rightful wages as approved by the Parliament,” says the document published by JSC.

They also said that the requirements for Judges were established with the votes of 9 out of 10 members of the Commission, and that these requirements were created based on 13 basic laws of the constitution.

In addition, they said that according to article 148 (b) of the constitution, Judges are appointed for an indefinite period and can only be dismissed following bad conduct or behaviour, which must be proven to JSC and approved by two-thirds of the Parliament. There is therefore no legal basis to question the appointment of Judges.

“As there is no legal basis to question the employment of Judges, all Judges appointed by JSC in accordance with article 285 of the constitution, are protected by the constitution to remain in employment,” reads the document.

They also said that only the courts have the authority to take steps against decisions made by JSC, and that even the laws do not give this authority to any party.