40
regard to the specific judge. The duty of guarantee consists in preventing those
interferences and investigating and punishing those that commit them. Additionally,
the duty of prevention consists in the adoption, pursuant with Article 2 of the
Convention, of an appropriate normative framework that ensures an adequate
process for the appointment and tenure of the judges, as well as all the other
conditions previously analyzed in Chapter VI of the present Judgment.
147. Now, the mentioned obligations of the State result, at the same time, in rights
for the judges or for all other citizens. For example, the guarantee of an adequate
process for the appointment of judges necessarily involves the right of citizens to
access public service in equal conditions; the guarantee that they will not be subject
to a discretional removal implies that the disciplinary and punishing processes of
judges must necessarily respect the guarantees of the due process and shall offer
those affected an effective remedy; the guarantee of tenure shall be translated into
an adequate work regimen for judges in which the transfers, promotions, and other
conditions are sufficiently well-controlled and respected, among others.
148. Based on the aforementioned, the Tribunal concludes that the right enshrined
in Article 8(1) of the Convention assists the parties before the courts and judges;
therefore in this case it is inadmissible to declare the violation of that article.
IX
ARTICLE 5(1) (RIGHT TO HUMANE TREATMENT)171 OF THE AMERICAN
CONVENTION
149. The representatives argued that the State “failed in its obligation to protect the
psychological and moral integrity of [Mrs.] Reverón Trujillo, violating that
fundamental right, both when she was illegally dismissed […], which caused
humiliation and dishonor among the juridical community, as well as when the [TSJ]
abstained from fully reestablishing the juridical situation violated, failing to comply
with the obligation to reinstate her to her position and therefore give her back the
reputation and honor she had in the Judicial Power as a result of her impeccable
behavior as a Criminal Judge.” According to the representatives, “[i]t is evident that
the illegitimate dismissal of a public server entails, per se, grave consequences, such
as, among others, the affectation to their honor and reputation and therefore of their
dignity as a human being.” Specifically, the representatives stated that “[t]he effect
on the honor and reputation of judge Reverón Trujillo was of a magnitude such that
her dismissal was made of public knowledge since several articles, which referred to
her as incurring in serious disciplinary offenses, were published in the national
press.” They also argued that not only was her moral integrity affected but “also her
psychic integrity […], since the life of judge Reverón Trujillo suddenly changed for
the worst when she without justification saw her professional life and only means of
support destroyed.” According to the representatives, “[t]his, evidently caused her
important anguish, concern, and anxiety, resulting in stress and depression; which
affected her state of mind” and that [t]hese psychological disorders she suffered and
is still suffering […], were evaluated and medically treated from the year 2002 and
up to the present.”
150. The Commission did not argue the violation of this right.
171
Article 5(1) of the Convention states that:
Every person has the right to have his physical, mental, and moral integrity respected.
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