33. Hector Fidel Cordero Bernal was admitted to the Judiciary in November 1993, as Provisional Judge of the Civil Court in the province of Leoncio Prado.24 On November 15, 1994, Mr. Cordero Bernal was appointed Provisional Judge of the Fourth Criminal Court of the province of Huánuco by the President of the Superior Court of Justice of Huánuco.25 34. On June 22, 1995, the President of the Superior Court of Justice of Huánuco asked Mr. Cordero Bernal to take charge of the First Criminal Court of the Superior Court of Huánuco, during the provisional judge’s leave of absence. 26 The latter was under investigation owing to alleged irregularities.27 35. On July 17, 1995, Mr. Cordero Bernal’s assignment to the First Criminal Court of the Superior Court of Huánuco ended.28 C. Decision to grant unconditional release to two defendants 36. When Mr. Cordero Bernal took over the First Criminal Court of Huánuco, he started to hear criminal investigation No. 7395, which involved the investigation of two individuals who had been flying a small aircraft registered to Colombia over Peruvian territory when they were intercepted by the Peruvian Air Force. An order was issued for the arrest of these individuals and they were subjected to criminal proceedings for the crime of illicit drug-trafficking.29 37. On June 30, 1995, the defendants requested their unconditional release30 in a brief acknowledged by the clerk of the court on July 3 that year.31 In a ruling of July 11, 1995, 32 Mr. Cordero Bernal declared that the defendant’s request was justified pursuant to article 201 of the Code of Criminal Procedure,33 which allowed this decision to be taken if, during the The decision indicated that the appointment of Mr. Cordero Bernal would be “until the proceedings initiated prior to the entry into force of the new Code of Civil Procedure had culminated, and could not be for more than one year.” Decision of November 3, 1993, signed by the President of the Superior Court of Huánuco (evidence file, folio 1039). The said court was closed down on November 14, 1994. Cf. Official communication No. 692-94-DA-GG/PJ of November 16, 1994, signed by the delegate of the Judiciary in Huánuco (evidence file, folio 1041). 24 Cf. Administrative decision No. 025-94-PCSJH of November 15, 1994, of the Superior Court of Justice of Huánuco (evidence file, folio 5). The “Record of the disciplinary measures against Héctor Fidel Cordero Bernal, in the posts he has occupied in this judicial district of Huánuco and Pasco” dated October 27, 1995, reveals that two disciplinary measures were adopted against Mr. Cordero Bernal during his mandate as judge: one admonition for irregularities in case file No. 334-94 of July 1, 1994, and communication No. 302-94 of September 6, 1994; and one fine of 5% of his monthly salary (court hearing No. 186-94, decision of December 2, 1994). Cf. The State’s answering brief (merits file, folio 238) and “Record of the disciplinary measures against Héctor Fidel Cordero Bernal in the posts he has occupied” (evidence file, folio 1429). 25 Cf. Communication No. 755-95-PCSJ, June 22, 1995 (evidence file, folio 7) and Decision of June 21, 1995 (evidence file, folio 1280). 26 The decision to dismiss Mr. Cordero Bernal indicated that “irregularities were committed in granting sixty days leave of absence [to the person in charge] that are being [investigated].” National Council of the Judiciary, Decision No. 008-96-PCNM of August 14, 1996 (evidence file, folio 10). 27 Cf. Communication No. 870-95-PCSJH of July 17, 1995, signed by the President of the Superior Court of Huánuco-Pasco (evidence file, folio 1045). 28 Cf. Attestation No. 002-DINANDRO-BPSL-UI of March 29, 1995, related to the offense of illicit drugtrafficking (evidence file, folios 1106 to 1120); Decision No. 01 of March 31, 1995, of the First Criminal Court of Huánuco (evidence file, folios 1125 to 1127) and Communication No. 890-95 of April 10, 1995, of the Judge of the First Criminal Court of Huánuco (evidence file, folio 1133). 29 Cf. Brief of June 30, 1995, in which the defendants requested unconditional release (evidence file, folios 1149 to 1153). 30 31 Cf. The Judiciary’s Office for Control of Judges. Report of July 21, 1995 (evidence file, folio 1089). Cf. Order of July 11, 1995, issued by the Judge of the First Criminal Court of Huánuco (evidence file, folios 1155 to 1162). 32 33 Article 201 of the Peruvian Code of Criminal Procedure in force at the time of the facts and transcribed in 10