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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