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"A situation where the functions and competencies of the judiciary and the executive are not clearly distinguishable or where the latter is able to control of direct the former is incompatible with the notion of an independent tribunal."

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UN (CCPR): General Comment No. 32: Right to Equality Before Courts and Tribunals and to Fair Trial (Article 14), para. 19

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General Comment No. 32: Right to Equality Before Courts and Tribunals and to Fair Trial (Article 14)

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Summaries

A situation in which the executive and the judiciary are not clearly distinguishable is incompatible with the notion of an independent and impartial tribunal.