E/CN.4/1992/52 page 28 It should also be emphasized that the designation of the Mufti through popular election would meet with a serious obstacle. For, as it is known, Greece is the unique western country to accept the exercise of jurisdiction by a head of Muslim clergy. Indeed the Mufti disposes of judicial jurisdiction extended to issues of family and inheritance law. It is, therefore, clear that the appointment through popular election would jeopardize the implementation of the constitutional requirements of assigning judges by law (art. 8 of the Constitution) and the principle of the functional and personal independence of the judge - principles respected by most modern and orderly States. B. A Mufti may be relieved of duties by presidential decree, upon request from the Minister of Education, in the following cases only: (a) In case of an irrevocable condemnation for crime or misdemeanour, as provided in article 22 of the Code of Civil Servants; (b) In case of deprivation of civil right for any reason; (c) In case of illness hampering the exercise of his duties, or professional inadequacy, or conduct undignified or incompatible with his position and duties. The concurrence of the conditions specified in category (c) is ascertained by decision of a council consisting of a second instance magistrate of Athens, as President, and a high or top-level official of the Ministry of Education and a Mufti or Mufti ad interim, as members." 44. On 4 November 1991, the Special Rapporteur transmitted the following information to the Government of Greece, under annex I: "According to the information received, the elected Mufti (religious head of the Muslim community) of Xanthi, Mr. Mehmet Emin Aga, has been replaced as Mufti by Mr. Mehmet Sinikoglu who has been appointed by the authorities. Mr. Mehmet Emin Aga is said to have been elected by vote by a show of hands taken in 52 mosques of Xanthi district after the Friday prayer on 17 August 1990. It has been reported that four candidates took part in the election, with Mr. Mehmet Emin Aga receiving a large majority of votes. The results of the election are said to have been duly communicated to the Governor of Xanthi. The Muslim community pointed out that the new law whereby a Mufti is appointed rather than elected is unacceptable to them. A petition submitted to the Parliament protesting the appointment was reportedly signed by all the religious leaders of this community which is said to have expressed its unequivocal opposition to the appointment of Muftis. It has further been reported that the Prelate of the Greek Orthodox Church and the Directorate of the Greek Jewish communities are both elected.