process.147 In this regard, Article 8 of the Convention establishes the guidelines for
due legal process, which is composed of a series of requirements that must be
observed in the procedural instances in order to allow the individual to defend his or
her rights adequately against any decision of the State that may affect them.148
Also, the Court has indicated that “any State body that exercises functions of a
substantially jurisdictional nature has the obligation to adopt decisions that respect
the guarantees of due process of law in the terms of Article 8 of the American
Convention.”149 In that regard, the Court recalls that, “[i]n any matter, even in
labor and administrative matters, the discretionary powers of the Administration
has limits that may not be exceeded, one of them being respect for human rights.
The conduct of the Administration must be regulated and it may not invoke public
order to reduce the guarantees of its subjects discretionally.”150
116. Regarding this, in the instant case the Court finds that Mrs. Chocrón
Chocrón’s appointment was annulled based on “comments” the content and nature
of which were never specified (supra paras. 81 and 82). Since the content of those
comments is not known, and based on the arguments of the parties, the Court
considers that, in the instant case, there are insufficient elements to allow it to
conclude that the decision annulling the appointment of Mrs. Chocrón Chocrón was
of a sanctioning nature. Nevertheless, the Court observes, based on the response
to the different remedies filed against the removal decision, that the action of the
Judicial Commission was based on its authority to remove provisional and
temporary judges in a discretionary manner (supra paras. 84 and 85), so that it will
now analyze whether this entailed a violation of Mrs. Chocrón Chocrón’s judicial
guarantees.
117. On this issue, the Court observes that the temporary appointment of Mrs.
Chocrón Chocrón was not limited to a specific term or resolutive condition (supra
para. 78). Thus, taking into account that the Court has reiterated that provisional
and temporary judges must have a certain degree of stability in their posts,
because their provisional status is not the same as their being freely removable
(supra para. 105), the alleged victim could legitimately expect to remain in her post
until the competitive examinations established in the Constitution were conducted.
This means that the removal of Mrs. Chocrón Chocrón could only be admissible in
the context of a disciplinary procedure or by a duly-founded administrative
decision. Consequently, the decision annulling Mrs. Chocrón Chocrón’s appointment
had to be founded.
118. Regarding this obligation to provide the grounds for decisions that affect the
stability of judges in their post, the Court reiterates its case law to the effect that
the grounds “are the exteriorization of the reasoned justification that allows a
conclusion to be reached.”151 The obligation to found decisions is a guarantee
147
Cf. Case of Escher et al. v. Brazil. Preliminary objections, merits, reparations and costs.
Judgment of July 6, 2009. Series C No. 200, para. 139, and Case of Vélez Loor v. Panama. Preliminary
objections, merits, reparations and costs. Judgment of November 23, 2010 Series C No. 218, para. 142.
148
Cf. Case of the Constitutional Court v. Peru, supra note 121, para. 69, and Case of Vélez Loor v.
Panama, supra note 147, para. 142. See also Judicial Guarantees in States of Emergency (Arts. 27.2,
25 and 8 American Convention on Human Rights). Advisory Opinion OC-9/87 of October 6, 1987. Series
A No. 9, para. 27.
149
Cf. Case of the Constitutional Court v. Peru. Competence. Judgment of September 24, 1999.
Series C No. 55, para. 71, and Case of Vélez Loor v. Panama, supra note 147, para. 141.
150
Cf. Case of Baena Ricardo et al. v. Panama. Merits, reparations and costs. Judgment of February
2, 2001. Series C No. 72, para. 126, and Case of Vélez Loor v. Panama, supra note 147, para. 141.
151
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objections, merits,
reparations and costs. Judgment of November 21, 2007. Series C No. 170, para. 107; Case of Apitz
Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra note 121, para. 77, and
Case of Escher et al. v. Brazil, supra note 147, para. 208
37
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