11.
Regarding the first point, it considered that “the grounds for removing judges from their
posts must be clear and established by law” and “[t]aking into account that dismissal or
removal from office is the most restrictive and severe disciplinary measure that can be
adopted, the possibility of its application must be predictable: [(i)] because the punishable
conduct is expressly and clearly established by law, precisely, rigorously and previously, or
[(ii)] because the law delegates its imposition to the judge or to an infra-legal norm, under
objective criteria that limit the scope of discretion.”5 Moreover, the IACtHR added “that some
degree of imprecision does not result, per se, in a violation of the Convention; in other words,
the fact that a law grants some discretionary power is not incompatible with the degree of
predictability required.” However, the Inter-American Court conditioned this “imprecision of
the law” indicating that “the scope of the discretion and the way in which it should be
exercised [must be] indicated with sufficient clarity in order to provide adequate protection
against arbitrary interference.”6
12.
In that case, the Inter-American Court noted that, in principle, the law and its regulations
that were applicable to the case established a system of sanctions (ranked according to the
gravity of the offense) under which dismissal was applied both for serious offenses, but also
for offenses classified as minor or less serious in case of non-compliance with or serious or
reiterated violation of certain obligations. Thus, the IACtHR considered that the regulatory
framework affected the predictability of the sanction because it permitted the dismissal of a
judge based on non-compliance with any of the obligations or incompatibilities of his office
when the court understood that it involved serious non-compliance; thus, it granted
excessive discretionary power to the body responsible for applying the sanction.7
13.
Accordingly, with regard to the sanctions imposed on the victims, the IACtHR did not assess
whether or not the domestic norms were open in relation to the conducts that the norm
should have defined; rather, on this point, international responsibility was circumscribed to
the fact that “the disciplinary norms applicable to the cases of the […] victims granted
excessive discretionary powers to the court in the establishment of the sanction of dismissal”
[italics added].
14.
That said, regarding the second element – punishable conducts in disciplinary laws - the
IACtHR considered that “[i]n the case of disciplinary sanctions imposed on judges, the
requirement of including a statement of reasons is even greater than in other disciplinary
proceedings, because the purpose of the disciplinary control is to assess the conduct,
suitability, and performance of the judge as a public official and, consequently, the
seriousness of the conduct and the proportionality of the sanction require analysis. In the
disciplinary sphere, it is essential to indicate the offense precisely and to develop arguments
that allow it to be concluded that the offending conducts are sufficiently serious to justify
removing the judge from his post.”8
15. In particular, regarding the use of open or indeterminate disciplinary offenses, it
indicated: “[…] in these assumptions […] it is fundamental to provide a statement of reasons
[…] because it is incumbent on the disciplinary court to interpret these norms respecting the
Cf. Case of López Lone et al. v. Honduras. Preliminary objection, merits, reparations and costs. Judgment
of October 5, 2015. Series C No. 302, para. 259.
5
Cf. Case of López Lone et al. v. Honduras. Preliminary objection, merits, reparations and costs. Judgment
of October 5, 2015. Series C No. 302, para. 264.
6
Cf. Case of López Lone et al. v. Honduras. Preliminary objection, merits, reparations and costs. Judgment
of October 5, 2015. Series C No. 302, paras. 263 and 264.
7
Cf. Case of López Lone et al. v. Honduras. Preliminary objection, merits, reparations and costs. Judgment
of October 5, 2015. Series C No. 302, para. 267.
8