general and its members in particular being subjected to possible unlawful restrictions on the exercise of their function (...).140 113. The Inter-American Commission and the Inter-American Court, in harmony with the consolidated jurisprudence of the European Court of Human Rights, have repeatedly pointed out that the individual guarantees for judges that derive from the principle of judicial independence include: appropriate appointment procedures, pre-established duration in office, and safeguards against external pressure.141 114. From the established facts and the arguments of the parties, the Commission is of the understanding that this instant case relates to the State's obligation to protect Maria Eugenia Villaseñor, in her capacity as a judge, from outside pressure. In the circumstances of the instant case, this obligation is directly related to Mrs. Villaseñor's right to personal integrity. Following is a list of the specific obligations of the State needed to comply with its duty to safeguard judges against outside pressure. 115. Various different international instruments and bodies have referred to guarantees to protect judges from outside pressure. In a United Nations context, the Basic Principles on the Independence of the Judiciary indicate the following: The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.142 116. The Human Rights Committee has indicated that States must adopt effective protective measures against attacks on judges as a result of their work. The Committee maintained that such acts "should be vigorously investigated in a timely fashion, and the perpetrators prosecuted, and the victims, or, in the case of killings, their representatives, be in receipt of appropriate forms of redress."143 117. In addition, in one of her reports in 2010, the then Special Rapporteur of the United Nations on the independence of Judges and Lawyers observed that the specific impacts on judges were in the form of murders, threats, and intimidation, which continue to constitute the principal obstacles they encounter to the performance of their functions.144 She stressed that the worst thing was that most of these crimes are not adequately investigated, much less punished as criminal acts, thereby contributing to an atmosphere of impunity.145 118. In the inter-American system, the Commission has pointed out that protecting the personal integrity of justice operators is an obligation of the State that derives from that right recognized in Article 5 of the American Convention.146 It is also a prerequisite for guaranteeing due process and judicial protection of 140 I/A Court H.R., Case of Reverón Trujillo v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of June 30, 2009. Series C No. 197 par. 67. 141 IACHR. Application to the Inter-American Court of Human Rights. Case 12.565. Reverón Trujillo v. Venezuela. November 9, 2007. par. 75. I/A Court H.R., Case of the Constitutional Court v. Peru. Merits, Reparations and Costs. Judgment of January 31, 2001. Series C No. 71, par. 75; and Case of Palamara Iribarne v. Chile. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No. 135, par. 156. ECHR, Langborger v. Sweden, decision of 27 January 1989, para. 32. 142 Basic Principles on the Independence of the Judiciary. Principle 2. 143 United Nations Human Rights Committee, General Comment No. 34: Article 19. Freedom of opinion and expression. 12 September 2011, para. 23. 144 For further information, see: United Nations, Report of the Special Rapporteur on the independence of Judges and Lawyers , Gabriela Knaul, A/HRC/14/26/Add.2, 15 April 2010. 145 United Nations, Report of the Special Rapporteur on the independence of Judges and Lawyers , Gabriela Knaul, A/HRC/14/26/Add.2, 15 April 2010, p.53 53. 146 IACHR, Guarantees for the Independence of Justice Operators. Towards strengthening access to justice and the rule of law in the Americas. December 5, 2013, par. 146. 20

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