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

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