commits another serious violation, after having been sanctioned three times with a fine.
The suspension is decided by the bodies established in this law. It is without pay and cannot be for
more than two months.
Article 211. DISMISSAL. Dismissal is imposed by the bodies stipulated in this law, and requires the
vote of more than half the total members of the respective body.
Dismissal is applicable in the case of a judge who seriously violates judicial responsibility; who has
committed a serious act that, without being a crime, compromises the dignity of the office and devalues
it in the opinion of the public, provided that he has previously been sanctioned with suspension; who
has been convicted of an offense against sexual liberty; who has acted while legally prohibited, in full
knowledge of this circumstance; who has been sentenced to prison for an intentional offense; who
reoffends in the case of an act that results in suspension, and in the other cases established by law.
29.
Furthermore, Article 212 of the Organic Law of the Judiciary indicated that it was not
appropriate to punish “differences of opinion or criteria in decisions taken in proceedings.”20
30.
Subsequently, the Peruvian Constitution of December 29, 1993, created the National
Council of the Judiciary and assigned it the function of applying the sanction of dismissal to
the judges of all instances.21 The Constitution also established that decisions of the National
Council of the Judiciary concerning the evaluation and ratification of judges could not be
reviewed.22
31.
On November 25, 1994, the Organic Law of the National Council of the Judiciary was
enacted. This law reiterated the provisions of the Constitution, to the effect that it was the
function of the National Council of the Judiciary to apply the sanction of dismissal to judges
of all instances.23 In addition, it established the grounds for which the sanction of dismissal
was applicable:
Article 31. The sanction of dismissal referred to in paragraph (c) of Article 21 of this law is applicable for
the following reasons:
1. Being subject to a prison sentence for an intentional offense.
2. Committing a serious act that, without being a crime, compromises the dignity of the office and
devalues it in the opinion of the public.
3. Reoffending in the case of an act that constitutes grounds for suspension, as established in the
relevant law.
4. Intervening in procedures or proceedings in the knowledge that this is prohibited or subject to legal
impediment.
32.
Based on the foregoing, at the time of the facts, a judicial disciplinary procedure
existed that involved two authorities: the Office for Control of Judges proposed the sanction
of dismissal of judges to the National Council of the Judiciary, and the latter was responsible
for deciding whether to impose this sanction after following the procedure regulated by law.
B. Appointment of Héctor Fidel Cordero Bernal as Fourth Criminal Judge of
the city of Huánuco
20
Cf. Article 212. Organic Law of the Judiciary, June 2, 1993 (evidence file, folio 1713).
21
Cf. Article 153. Peruvian Constitution, December 29, 1993 (evidence file, folio 1529).
22
Cf. Article 142. Peruvian Constitution, December 29, 1993 (evidence file, folio 1527).
Cf. Articles 2 and 21.c). Organic Law of the National Council of the Judiciary, November 25, 1994 (evidence
file, folios 1634 and 1639).
23
9