16.
The Court has established that “one of the main purposes of the separation of
public powers is to guarantee the independence of judges.”8 This autonomous exercise
must be guaranteed by the State in both the previously mentioned institutional facet –
in other words, in relation to the Judiciary as a system – and also in relation to its
individual aspect – that is, in relation to the person of the specific judge. 9 The
objective of protection is to prevent the judicial system in general, and its members in
particular, from possibly being subject to undue constraints in the exercise of their
function from organs outside the Judiciary or even from those judges who occupy
functions relating to review or appeal.10
17.
Closely related to the foregoing is the principle of impartiality, which “requires
that the judge who intervenes in a specific dispute approach the facts of the case
without any subjective prejudice, and also offering sufficient guarantees of an
objective nature that allow any doubt that the accused or the community may have
regarding the absence of impartiality to be eliminated.” 11 On this basis, the InterAmerican Court has indicated that “judges, contrary to other public officials, have
greater guarantees owing to the necessary independence of the Judiciary.”12 In this
regard, the Court has heard cases relating to Peru, 13 Venezuela,14 and more recently,
Ecuador.15 The Court has emphasized that personal impartiality “is presumed unless
there is proof to the contrary consisting, for example, in the demonstration that a
member of a tribunal or a judge has personal prejudices or biases against the
litigants.”16 It has affirmed that “[t]he judge must appear to be acting without being
8
Case of the Constitutional Court v. Peru. Merits, reparations and costs. Judgment of January 31,
2001. Series C No. 71, para. 73, and Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador.
Preliminary objections, merits, reparations and costs. Judgment of August 28, 2013. Series C No. 268,
para.188.
9
Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of August 5, 2008. Series C No. 182. para. 55.
10
Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of August 5, 2008. Series C No. 182. para. 55, and Case
of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador. Preliminary objections, merits, reparations
and costs. Judgment of August 28, 2013. Series C No. 268, paras. 188 and 198.
11
Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of August 5, 2008. Series C No.182, para. 43, para. 56,
and Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of November 27,
2013. Series C No. 275, para. 182.
12
Case of Reverón Trujillo v. Venezuela. Preliminary objection, merits, reparations and costs.
Judgment of June 30, 2009. Series C No. 197, para. 67.
13
Case of the Constitutional Court v. Peru. Merits, reparations and costs. Judgment of January 31,
2001. Series C No. 71.
14
Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of August 5, 2008. Series C No. 182; Case of Reverón
Trujillo v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of June 30, 2009.
Series C No. 197; and Case of Chocrón Chocrón v. Venezuela. Preliminary objection, merits, reparations and
costs. Judgment of July 1, 2011. Series C No. 227.
15
Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador. Preliminary objection,
merits, reparations and costs. Judgment of August 23, 2013. Series C No. 266; and Case of the
Constitutional Tribunal (Camba Campos et al.) v. Ecuador. Preliminary objections, merits, reparations and
costs. Judgment of August 28, 2013. Series C No. 268.
16
Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of August 5, 2008. Series C No.182, para. 56, and Case
of Atala Riffo and daughters v. Chile. Request for interpretation of the judgment on merits, reparations and
costs. Judgment of November 21, 2012. Series C No. 254, para. 189.
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