I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
The case submitted to the Court. On August 16, 2019, the Inter-American Commission
on Human Rights (hereinafter “the Commission”), submitted the case of Cordero Bernal
against the Republic of Peru (hereinafter “the State,” “Peru” or “the Peruvian State”) to the
Court. According to the Commission, the case relates to the presumed violations of the
American Convention on Human Rights that were committed during the disciplinary
proceedings against Héctor Fidel Cordero Bernal, which resulted in his dismissal as Fourth
Criminal Judge of the city of Huánuco, Peru, in 1996. The Commission considered that the
disciplinary proceedings instituted against the presumed victim had violated the principle of
judicial independence and the right to duly substantiated decisions because the dismissal was
the result of Mr. Cordero Bernal’s decision to grant unconditional release to two defendants,
and the disciplinary ruling was not adequately substantiated. The Commission also alleged
that the principle of legality had been violated owing to the extreme breadth and imprecision
of the grounds on which the presumed victim was dismissed, and the principle of the most
favorable law because, in the Commission’s opinion, two laws were in force and the
disciplinary body chose to apply the one least favorable to Mr. Cordero Bernal’s interests.
Lastly, the Commission found that the State had violated the rights to appeal a ruling and to
judicial protection because there was no administrative or judicial remedy that permitted the
comprehensive review of the punitive decision.
2.
Procedure before the Commission. The procedure before the Commission was as
follows:
a. Petition. On November 11, 1998, Hector Fidel Cordero Bernal lodged a petition
before the Inter-American Commission.
b. Admissibility Report. On July 22, 2011, the Commission declared the case
admissible in Report No. 112/11.
c. Merits Report. On October 5, 2018, the Commission adopted Merits Report No.
115/18 under Article 50 of the Convention (hereinafter “the Merits Report” or
“Report No. 115/18”).
d. Notification to the State. The Merits Report was notified to the State on November
16, 2018, granting it two months to provide information on compliance with the
recommendations. On February 13, 2019, the Commission granted the State a
three-month extension to comply with the recommendations of the Merits Report
and, on May 16 that year, it granted a second three-month extension. The
Commission decided not to grant a third extension and to submit the case to the
jurisdiction of the Inter-American Court.
3.
Submission to the Court. On August 16, 2019, the Commission submitted to the InterAmerican Court all the facts and alleged human rights violations described in Report No.
115/18, “owing to the need to obtain justice for the [presumed] victim.” 1
4.
The Inter-American Commission’s requests. The Commission asked the Court to
The Commission appointed Commissioner Joel Hernández and then Executive Secretary Paulo Abrão as its
delegates. It also designated Jorge Meza Flores and Christian González Chacón, IACHR Executive Secretariat lawyers
as its legal advisers.
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