appropriate process of appointment, 181 guaranteed tenure 182 and guarantees against
external pressures. 183
145. Regarding the scope of security of tenure relevant to this case, the Basic Principles
establish that “[t]he term of office of judges […] shall be adequately secured by law” 184 and
that “[j]udges, whether appointed or elected, shall have guaranteed tenure until the
mandatory retirement age or the expiry of the term of office, where such exists.” 185
Moreover, the Human Rights Committee has stated that judges may be dismissed only on
grounds of serious misconduct or incompetence, in accordance with fair procedures ensuring
objectivity and impartiality set out in the Constitution or the law. 186 This Court has accepted
these principles and has stated that the authority responsible for the process of removing a
judge must act independently and impartially in the procedure established for that purpose
and must allow for the exercise of the right to defense. 187 This is so because the free
removal of judges raises the objective doubt of the observer regarding the judges’ real
possibilities of ruling on specific disputes without fear of reprisals. 188
146. As to the guarantees against external pressures, the Basic Principles require that
judges shall decide a matter before them “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.” 189 Moreover, these
Principles establish that “[t]here shall not be any inappropriate or unwarranted interference
with the judicial process.” 190
147. Nevertheless, judges do not have absolute guarantees of tenure in their positions.
International human rights law accepts that judges may be dismissed for conduct that is
clearly unacceptable. In General Comment No. 32, the Human Rights Committee has
established that judges may be dismissed only for reasons of serious misconduct or
181
Cf. Case of the Constitutional Court v. Peru, para. 75, and Case Chocrón Chocrón v. Venezuela. Preliminary
Objection, Merits, Reparations and Costs. Judgment of July 1, 2011. Series C No. 227, para. 98. See also European
Court of Human Rights, Case of Campbell and Fell v. United Kingdom, Judgment of June 28, 1984, para. 78;
European Court of Human Rights, Case of Langborger v. Sweden, Judgment of January 22, 1989, para. 32, and
Principle 10 of the United Nations Basic Principles.
182
Cf. Case of the Constitutional Court v. Peru, para. 75, and Case Chocrón Chocrón v. Venezuela, para. 98.
See also Principle 12 of the United Nations Basic Principles.
183
Cf. Case of the Constitutional Court v. Peru, para. 75, and Case Chocrón Chocrón v. Venezuela, para. 98.
See also Principles 2, 3 and 4 of the United Nations Basic Principles.
184
Principle 11 of the United Nations Basic Principles.
185
Principle 12 of the United Nations Basic Principles.
186
Cf. Human Rights Committee, General Comment No. 32, Article 14: Right to Equality before Tribunals and
Courts and to a Fair Trial, CCPR/C/GC/32, August 23, 2007, para. 20. In the same General Comment the
Committee also states that “The dismissal of judges by the executive, for example before the expiry of the term for
which they have been appointed, without any specific reasons given to them and without effective judicial
protection being available to contest the dismissal, is incompatible with the independence of the judiciary” (para.
20). Similarly, the Basic Principles establish that judges “shall be subject to suspension or removal only for reasons
of incapacity or behavior that renders them unfit to discharge their duties” and that “[a]ll disciplinary, suspension
or removal proceedings shall be determined in accordance with established standards of judicial conduct.”
Principles 18 and 19 of the United Nations Basic Principles.
187
Cf. Case of the Constitutional Court v. Peru, para. 74, and Case Chocrón Chocrón v. Venezuela, para. 99.
188
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, para. 44, and Case
Chocrón Chocrón v. Venezuela, para. 99. See also Principles 2, 3 and 4 of the United Nations Basic Principles.
189
Principle 2 of the United Nations Basic Principles.
190
Principle 4 of the United Nations Basic Principles.
44