Eight to a fair trial and right to privacy 313. With regard to that issue, members of the Committee wished to receive information on guarantees for the independence and impartiality of the judiciary and measures adopted to prevent intimidation of the members of the judiciary; legal and administrative provisions governing tenure and discipline of members of the judiciary; and the organization and functioning of the Bar in Peru and the availability of defence counsel in criminal cases. Members also wished to know whether there were any special courts and, if so, what their jurisdiction and review or appeal procedures were; who could appoint or dismiss judges and under what conditions; how jurisdiction was divided between military and civilian courts in cases where military personnel were allegedly involved in disappearances and torture; how the requirement to provide legal representation could be met in practice given the shortage of lawyers in the country; and whether lawyers were subject to territorial restrictions. 314. In addition, members wished to know whether the principle of exclusivity and unity of the jurisdictional function had been suspended or derogated from during the state of emergency; whether the provision in the Constitution whereby 2 per cent of the annual budget should be set aside for the judicial branch had been adhered to; and whether the administration of justice had been abrogated during states of emergency. 315. In his response, the representative of the State party said that the independence and impartiality of judges was guaranteed under the Constitution. A general office was established by law for the monitoring of the judiciary and a range of sanctions and disciplinary measures was also provided for. Judges were appointed by the President on the advice of the National Judges' Council. Lay judges were called upon to deal with minor cases and misdemeanours only. There was a free legal advice scheme in Peru and any detained person had the right to be advised by and talk with a lawyer of his choice. There were about 18,500 lawyers in Lima and lawyers were all members of the Peruvian Federation of Bar Associations. Jurisdiction was based on the fact that each department of Peru was a separate judicial district. All courts in Peru formed part of the judiciary system or the system of military justice. Civilians were subject only to civilian jurisdiction. In cases of jurisdictional conflicts between civilian and military tribunals, it was the function of the Supreme Court to settle the matter. The remedies of habeas corpus and amparo could be brought before any judge, who was obliged to consider them. Appeals against judgements by a military court were possible, failing which the accused could make use of a complaint procedure. As of 1991, the budget for the judicial branch had been increased to 2 per cent of the central Government's budget as required by the Constitution. Only the rights guaranteed under article 31 of the Constitution had been derogated from and guarantees relating to the administration of justice had not been affected by the states of emergency. Freedom of movement and expulsion of aliens; right to privacy; freedom of religion, expression, assembly and association; and right to participate in the conduct of public affairs 316. With reference to those issues, members of the Committee wished to receive information concerning grounds for the expulsion of aliens; procedures for the legal recognition and authorization of various religious denominations -74-