investigation, the innocence of the defendant was fully demonstrated. In the opinion of then Judge Cordero Bernal, there was insufficient evidence to prove the criminal responsibility of the defendants for the crime of illicit drug-trafficking.34 On July 17 that year, the President of the Superior Court of Justice of Huánuco required the Third Criminal Judge of Huánuco to take charge of the First Criminal Court, thereby terminating Mr. Cordero Bernal’s assignment.35 D. Disciplinary proceeding D.1 Procedure before the Office for Control of Judges (OCMA) 38. Following the issue of the decision granting unconditional release, the Judiciary’s Office for Control of Judges (hereinafter “the OCMA”) opened a disciplinary proceeding against Mr. Cordero Bernal.36 On concluding the investigation stage, the judge in charge of the case issued a report describing irregularities in his appointment to the First Criminal Court of Huánuco and in his decision granting unconditional release to two defendants. 39. Regarding the irregularities in the appointment of Mr. Cordero Bernal, the report indicated, among other matters, that: (i) the minutes of the session of the Full Chamber of the Superior Court of Justice of Huánuco of June 21, 1995, in which the decision was taken to appoint Mr. Cordero Bernal, had not been transcribed in the book intended for that purpose, “and this had only been done on July 19 […]” with an entry that had only been signed by the President of the Court and the administrative clerk; (ii) the summary of the said session of the Full Chamber and statements taken by the investigator revealed that the decision taken was that of assigning to the First Criminal Court a judge from the furthest court, and this corresponded to the Fifth Criminal Judge and not to Mr. Cordero Bernal, and (iii) the decision appointing Mr. Cordero “was signed after the informant arrived at the seat of the court.”37 40. In addition, regarding the ruling granting two defendants unconditional release, the report found, inter alia, that: (i) Mr. Cordero Bernal did not undertake any substantive procedure during the proceedings; (ii) when he granted the unconditional release, the fourthe Commission’s Merits Report established: “If, at any stage of the investigation hearings, it is fully proven that the person charged is innocent, the judge ex officio or at the request of the defendant must order his or her unconditional release and the corresponding order shall be implemented immediately, and the respective record shall be forwarded to the Correctional Court when there are other defendants who must continue detained. If the case is only against the person who will be released, the principal case file shall be forwarded. In this case, if the Court approves, the person consulted shall order the closure of the proceeding. If he does not approve the order, he shall require the recapture of the individual unduly released, and may impose the sanctions or order the relevant actions if the release has been malicious” (merits file, folios 11 and 12). Cf. Order of July 11, 1995, issued by Hector Fidel Cordero Bernal, Judge of the First Criminal Court of Huánuco (evidence file, folios 1055 and 1056). The prosecutor in charge of the case filed an appeal against Mr. Cordero Bernal’s decision to grant unconditional release to the two defendants. In his appeal, the prosecutor requested a copy of all the proceedings in order to refer this to the Senior Public Prosecutor and to the Prosecutor General. Following this request, Mr. Cordero Bernal consulted the President of the First Superior Criminal Chamber with regard to the order granting unconditional release. The latter decided not to approve the order and required the capture of the individuals who had been unduly released (evidence file, folio 1180). 34 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). 35 The OCMA ordered a visit to the Fourth Criminal Court of the Superior Court of Justice of Huánuco. During this visit, the judge in charge of the case required the presence of Mr. Cordero Bernal in the Decisions Chamber of the Superior Court of Justice of Huánuco to provide him with information on the investigation that was underway and to take his statement. Cf. Decision No. 017-95 of July 17, 1995, issued by the Head of the Judiciary’s Office for Control of Judges (evidence file, folio 1216); Communication of July 19, 1995, requiring the statement of Hector Fidel Cordero Bernal (evidence file, folio 1218) and Statement of Hector Fidel Cordero Bernal of July 19, 1995 (evidence file, folios 1257 to 1262). 36 37 Cf. The Judiciary’s Office for Control of Judges, report of July 21, 1995 (evidence file, folios 1095 and 1096). 11