E/CN.4/1999/63/Add.2 page 31 only a technical issue, but also a political one, and, in order to achieve its objective, it cannot overlook international human rights standards and the general principles of such important matters as the independence of judges. The process began under a cloak of suspicion because it was the result of the suspension of the Constitution and the subsequent replacement of a large number of judges. Many later events unfortunately clouded the transparency that a process of this kind requires. 169. The independence of judges means that they have to be appointed on a non-discriminatory basis, without political and other influences; that they must have tenure; and that promotions must be objective. The process which began in 1992 has not been based on these criteria. 170. The situation of military justice is particularly serious. The Working Group is of the opinion that this sector, in Peru as in many other countries, does not meet the requirements of General Comment No. 13 adopted by the Human Rights Committee to guarantee due process of law. 171. Many Peruvian criminal laws are so vague in their characterization of acts regarded as criminal that the principle of nullum crimen sine lege is being seriously undermined. 172. With regard to arbitrary detentions, the Working Group is of the opinion that the lack of independence of judges and prosecutors, especially military ones, the changes to the rules of due process and the inappropriate description of criminal acts have led to a number of “innocent prisoners”, i.e. persons arbitrarily deprived of their liberty, according to Commission on Human Rights resolutions 1991/42 and 1997/50 and its own methods of work. This conclusion is shared by the Special Rapporteur on the independence of judges and lawyers, the Human Rights Committee, the Inter-American Commission on Human Rights, the Inter-American Court of Human Rights, national and international lawyers and a large number of national and international non-governmental organizations. 173. The Working Group takes notes with satisfaction of the tremendous strides that have been made in the last few years, including the right of an accused person to legal counsel from the moment he is arrested; the reinstatement, albeit restricted, of the right to habeas corpus; the repeal of laws on the criminal responsibility of minors under 18 years of age; the recognition of the right to counsel of one’s own choosing and the right of defence lawyers to defend more than one person at a time; less frequent use of torture and enforced disappearances; and the end of “faceless justice”. The Working Group is pleased with this progress and encourages it, despite some unjustified regressive steps, such as the May and June 1998 laws and the sentencing of lawyers who defended persons charged with terrorist crimes. 174. The Working Group would like to pay special tribute to two institutions. The first is the Office of the Ombudsman, which has fully exercised the independence conferred on it by the Constitution to become the most credible and respected institution in the country. The second is the Committee on Pardons, which has already pardoned 418 persons with the President's full support.