If it is presumed that a crime has been committed by judges or prosecutors, the Council shall notify the Public Ministry in writing for the pertinent steps to be taken. Article 34. The following provisions apply to the disciplinary processes described in articles 32 and 33 of this law: (…) 4. The only admissible appeal of the resolution putting an end to the procedure is a writ of reconsideration, and only if it includes new and important evidence within five working days of the day notification is received.6 54. Lastly, Law 26,933 of March 12, 1998, repealing article 31 of the law cited in the preceding paragraph, establishes the following: The magistrates of the Judicial Branch and the prosecutors of the Public Ministry provide grounds for dismissal when they commit a serious infraction that, while not criminal, compromises the dignity of the office and diminishes it in the eyes of the public, as long as they have been suspended previously (...). B. Regarding the appointment of Humberto Cajahuanca Vásquez and the designation of Mr. Héctor Fidel Cordero Bernal 55. Pursuant to the casefile, Mr. Cajahuanca Vásquez was appointed trial court judge of the province of Huamalies on February 21, 1985, and then on October 13, 1992, he was appointed provisional judge of the Supreme Court of Justice of Huánuco.7 Additionally, the petitioner indicated that on April 13, 1993, he took over as the president of that court.8 56. On June 21, 1995, in his capacity as president of the Superior Court of Justice of Huánuco, he called a meeting of the Plenary Chamber to weigh the request of the First Criminal Court judge for leave.9 The petitioner stated that the Plenary Chamber granted the judge leave and moved to appoint the most remote judge as his substitute, which, he said, was Héctor Fidel Cordero Bernal, judge of the Fourth Criminal Court.10 57. The parties agree that on July 11, 1995, this judge, in the exercise of his role as substitute judge, granted unconditional release to two individuals who were being processed for drug trafficking crimes, upon which the Judiciary Oversight Office of the Judicial Branch decided to conduct a judicial visit.11 Thus, on July 17, 1995, the Office appointed a magistrate to conduct this visit.12 C. Regarding the disciplinary process carried out against the alleged victim 58. On July 21, 1995, the judge of the Judiciary Oversight Office of the Judicial Branch in charge of the judicial visit issued an investigation report describing irregularities she considered grounds for application of the measure provided for in article 211 of the Organic Law of the Judicial Branch.13 The report states as follows: A.10. (...) the appointment of Dr. Héctor Cordero Bernal to lead the First Criminal Court has involved serious irregularities, resulting in the following: That the resolution appointing Dr. Héctor Cordero Bernal, was signed after my arrival to the offices of the Court of Huánuco—that is, after noon on July 18 of this year, demonstrating that up until then, there was no proper documentary support for the appointment of the aforementioned magistrate. Organic Law of the National Council of the Judiciary, Law 26,397. Annex 1. Executive Order 029-85-JUS of February 12, 1985, of the Presidency of the Republic; Administrative Resolution 001-92 of October 13, 1992, of the Supreme Court of Justice of Huánuco, Pasco, and Coronel Portillo. Annex to the initial petition of December 24, 1998. 8 Initial petition of December 24, 1998. 9 Annex 2. Citation of June 21, 1995. Annex to the initial petition of December 24, 1998. 10 Annex 3. Resolution of June 21, 1995. Idem. 11 Annex 4. Initial petition of December 24, 1998, and brief of the State of January 24, 2020. 12 Annex, Judiciary Oversight Office of the Judicial Branch. Resolution 017-95-J/OCMA of July 17, 1995. Brief of the State of June 25, 2019. 13 Annex 5. Judiciary Oversight Office of the Judicial Branch. Report 116 of July 21, 1995. Brief of the State of June 25, 2019. 6 7 9