C.
Right to participate in government45
74.
Article 23.1.c establishes the right to have access to public office “under general
conditions of equality.” The Court has interpreted this article to mean that “when a judge’s tenure is
arbitrarily impaired, the right to judicial independence recognized in Article 8.1 of the American
Convention is violated, as is the right of access to public service and tenure, under general conditions of
equality, established in Article 23.1.c.” 46
75.
The Commission finds that the above-cited standard is also applicable to prosecutors,
in light of the preceding considerations in the instant report to the effect that the guarantees of reinforced
stability of judges are also applicable to prosecutors and must also protect the latter in order to ensure
independence in the exercise of their office.
76.
In the instant case, it has been established that Mr. Casa Nina was removed from his
provisional prosecutor position in a proceeding that did not comply with the required minimum
guarantees, as described throughout the instant report. In such circumstances and consistent with the
criterion mentioned in the preceding paragraph, the Commission finds that the State has also violated
Article 23.1 c) of the American Convention, in connection with Article 1.1 of the same instrument, to the
detriment of Julio Casa Nina.
V.
CONCLUSIONS AND RECOMMENDATIONS
77.
The Commission concludes that the Peruvian State is responsible for violation of the
right to a fair trial, to freedom from ex post facto law and to judicial protection, as enshrined in Article
8.1, 8.2, 8.2 b), 8.2 c), 9, 23.1 c) and 25.1 of the American Convention, in connection with the obligations
established in Articles 1.1 and 2 of the same instrument, to the detriment of Julio Casa Nina.
78.
Based on the analysis and conclusions of the instant report,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RECOMMENDS TO THE
PERUVIAN STATE,
1.
2.
To reinstate the victim in a similar position to the one he served in, with the same
remuneration, social benefits and a comparable rank to the one he would be entitled to today
had he not been removed. In the event that the victim should not wish to be reinstated or there
are objective reasons preventing his reinstatement, the State shall pay compensation for this
reason, which is independent from reparations relating to the material or moral damages
included in recommendation number two.
To provide full reparation for the consequences of the violations declared in the instant report,
including both tangible and intangible damages.
3.
To adopt necessary measures of non-repetition to prevent similar events from taking place in
the future. In particular, ensure application of the rules of due process in the context of the
proceedings for the dismissal or removal of prosecutors, regardless of whether or not they are
provisional.
4.
To adopt the necessary measures so that domestic law and relevant practice conform to clear
criteria and ensure guarantees in the appointment, tenure and removal of prosecutors,
pursuant to the criteria set forth in the instant report.
Article 23 of the American Convention establishes, in the relevant portions, that: 1. Every citizen shall enjoy the following rights
and opportunities: (…) c. to have access, under general conditions of equality, to public service of his country. 2. The law may
regulate the exercise of the rights and opportunities referred to in the preceding paragraph only on the basis of age, nationality,
residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.
46 IA Court of HR. Case of López Lone et al v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of October
5, 2015. Series C No. 302, par. 192.
45
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