Independence of the judiciary (8) The Committee remains concerned about new constitutional provisions providing for the election of judges of all levels by the National Assembly. The Committee is also concerned with respect to the definition of rules of procedures of courts and at the absence of legislation in respect of disciplinary measures against judges (arts. 2 and 12). The State party should guarantee the full independence and impartiality of the judiciary, by ensuring, inter alia, that judicial appointments be made according to objective criteria such as qualifications, integrity, ability and efficiency. The State party should also define the rules of procedures of courts and establish an independent disciplinary body in this regard. Refugees (9) The Committee notes the new Law on Asylum (2008), which establishes the principle of prohibition of non-refoulement, but remains concerned at the rules that interpret the application of the law with respect to the treatment of asylum-seekers (art. 3). The State party should urgently adopt the necessary measures, especially of a legal nature, to put in practice the new Law on Asylum to protect the rights of asylum-seekers and persons seeking refugee status. The State party should also put in place measures to protect asylum-seekers and other foreigners in need of humanitarian protection. Complaints, investigations and convictions (10) While acknowledging the reform process of the judiciary, including the new law on judges and the new Penal Code that is due to come into effect in 2009, the Committee expresses concern over the slowness of investigations and that officials are not suspended during the investigations into allegations of torture or ill-treatment (arts. 4, 12, 13 and 16). The State party should: (a) Ensure that investigations into allegations of torture and other prohibited cruel, inhuman or degrading treatment or punishment are undertaken thoroughly, effectively and impartially, including complaints made under the previous public administration, as previously recommended by the Committee in its article 20 report; (b) Suspend persons who have allegedly committed acts of torture during the investigation of such allegations, as previously recommended by the Committee in its article 20 report; and (c) Comply with the Committee’s Views under article 22 where it requests for further investigations in respect of individual communications and provide information to this effect in its next periodic report. Cooperation with the International Criminal Tribunal for the Former Yugoslavia (11) The Committee welcomes the steps taken to enhance cooperation and progress made with regard to the International Criminal Tribunal for the Former Yugoslavia (ICTY) as well as the establishment of witness protection programmes but it expresses concern over the uncertain future of the cases after the scheduled closure of the ICTY as well as for the safety of those who have or are in the process of providing evidence (art. 12). The State party should ensure that: (a) Full cooperation is extended to ICTY, including through apprehending and transferring those persons who have been indicted and remain at large, as well as granting the Tribunal full access to requested documents and potential witnesses; 66