TABLE OF CONTENTS I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE 3 II PROCEEDINGS BEFORE THE COURT 4 III JURISDICTION 5 IV PRELIMINARY OBJECTION 5 A. Alleged lack of jurisdiction ratione materiae of the Inter-American Court to review domestic decisions ("fourth instance" objection) 5 A.1. Arguments of the State, observations of the Commission and of the representatives 5 A.2. Considerations of the Court 6 V EVIDENCE 6 A. Admissibility of the documentary evidence 6 B. Admissibility of the statements offered 7 VI FACTS 8 A. Legal framework applicable to disciplinary proceedings against judges in Peru in force at the time of the facts 8 B. Appointment of Héctor Fidel Cordero Bernal as Fourth Criminal Judge of the city of Huánuco 9 C. Decision to grant unconditional release to two defendants 10 D. Disciplinary proceeding 11 D.1 Procedure before the Office for Control of Judges (OCMA) 11 D.2 Procedure before the National Council of the Judiciary (CNM) 12 E. Amparo procedure 13 F. Criminal proceedings 14 G. Appeal for annulment 15 VII MERITS 16 VII-1 JUDICIAL GUARANTEES, PRINCIPLE OF LEGALITY AND POLITICAL RIGHTS, IN RELATION TO THE OBLIGATIONS TO RESPECT AND TO ENSURE RIGHTS AND TO ADOPT DOMESTIC LEGAL PROVISIONS 16 A. Arguments of the parties and of the Commission 16 B. Considerations of the Court 18 B.1 The guarantee of judicial independence in relation to the principle of legality, political rights and the guarantee of duly substantiated decisions 18 B.2 The principle of the application of the most favorable punitive law 24 B.5 Conclusion 25 VII-2 JUDICIAL PROTECTION IN RELATION TO THE OBLIGATIONS TO RESPECT AND TO ENSURE THE RIGHTS AND TO ADOPT DOMESTIC LEGAL PROVISIONS 25 A. Arguments of the parties and of the Commission 25 B. Considerations of the Court 25 VIII OPERATIVE PARAGRAPHS 27 2

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