IV.
Conclusion
28.
The Court should not lose sight of the fact that its primary function is to hear cases
that require the interpretation and application of the provisions of the Convention when these
are submitted to it in order to decide whether there has been a violation of a protected right
or freedom, and to rule that the injured party should be ensured the enjoyment of his violated
right or freedom. In this regard, the Court has a vocation to do justice in concrete cases within
the limits established by the law of treaties. But it also has a function of contributing to achieve
the purposes of the Convention and that entails responding to the problems from which our
societies suffer. It is important to consider that the Court’s legitimacy is founded on the solidity
of its reasoning, on its compliance with the law and on the prudence of its rulings.
29.
In the instant case, Mr. Casa Nina had to exercise the function of prosecutor without
the security of permanence in office owing to the provisional nature of his appointment, which
signified the lack of a safeguard to ensure his independence. It is in this regard that this
opinion concurs with the judgment and stresses the importance of protecting the performance
of public service also as an integral part of labor law, especially taking into account in this
case the importance of the independence of prosecutors under the democratic rule of law.
Ricardo C. Pérez Manrique
Judge
Pablo Saavedra Alessandri
Secretary
7
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