29. On July 16, 2003, the Constitutional Court established the inapplicability of the rule stating that non-ratified judges or prosecutors cannot return to the Judicial Branch or the Public Ministry, since “the said prohibition is inconsistent with the ratification, for (...) it does not constitute a punishment but a confidence vote regarding the function’s fulfillment (...) the prohibition to re-enter the legal career is equal to [as it is regulated] a punishment whose imposition (...) is not the consequence of a committed infraction. Due to the foregoing (...) the non-ratified magistrates are allowed to newly apply to the Judicial Branch or the Public Ministry.”9 30. On August 12, 2005, the Constitutional Court established the possibility of challenging NCM’s decisions at legal court, stating that “from December 1, 2004, the [Code of Constitutional Procedure] is in force, which determines that the constitutional proceedings regarding NCM’s resolutions are admissible whenever they are unmotivated and/or were passed without the interested party’s hearing (...).”10 31. Later on, a series of changes were made in the regulations of the assessment proceeding for judges and prosecutors. B. On the alleged victims and their assessment and ratification proceedings 1. Jorge Luis Cuya Lavy 32. On November 4, 1994, Jorge Luis Cuya Lavy was appointed as Specialized Civil Judge of the Judicial District of Lima.11 On November 21, 1994, the Supreme Court of Justice admitted his reinstatement as Head Judge of the Third Specialized Civil Court, Northern Cone of the Judicial District of Lima.12 33. On September 19, 2002, the NCM summoned Mr. Cuya Lavy for the assessment and ratification proceeding and indicated that the personal interview was on October 29, 2002 at 10:00 a.m.13 In the summons resolution, it was indicated as follows: SCHEDULE OF ACTIVITIES: 1. September 23, 2002: Beginning of the proceeding. 2. From September 23, 2002 to October 4, 2002: Assessment of the received documentation. 3. From October 9, 2002 to October 16, 2002: Formulation of assessment reports by the Permanent Commission on Assessment and Ratification. 4. From October 17, 2002 to October 21, 2002: Assessment of the reports of the Permanent Commission on Assessment and Ratification by the Council’s Plenary. 5. From October 28, 2002 to November 2, 2002: Personal interviews to each one of the magistrates under assessment. 6. From November 11, 2002 to November 12, 2002: Special interviews scheduling, if applicable. 7. From November 13, 2002 to November 19, 2002: The reports of the Permanent Commission on Assessment and Ratification and the files of each of the people assessed will be made available to the councilors. 8. From November 20, 2002 to November 23, 2002: The NCM’s Plenary is constituted during permanent session in order to hold the vote and it decides the corresponding ratification or non-ratification. INTERVIEWS. JUDICIAL BRANCH (...) 24. Cuya Lavy, Jorge Luis, Specialized Judge Northern Cone, October 29, 10:00 a.m.14 34. The petitioner indicated, and the State did not dispute it, that during his own and other magistrates’ interviews, they were asked “about matters completely unrelated to the function, such as personal life: Reasons for single state, partners, reason for the number of children, sexual orientation, etc.” He also said Judgment of the Constitutional Court, delivered within case file No. 1550-2003-AA/TC, July 16, 2003. Judgment of the Constitutional Court, delivered within case file No. 3661-2004-AA/TC, August 12, 2005. 11 Annex 1. Appointment as Specialized Civil Judge of the Judicial District of Lima given by the Jury of Honor of the Magistracy, on November 9, 1994. Annex to the initial petition by petitioner Cuya Lavy, April 30, 2003. 12 Annex 2. Administrative resolution No. 115-94-CE-PJ, passed by the Supreme Court of Justice, November 21, 1994. Annex to the initial petition by petitioner Cuya Lavy, April 30, 2003. 13 Annex 3. Summons No. 004-2002-CNM, issued by the National Council of the Magistracy, September 19, 2002. Annex to the initial petition by petitioner Cuya Lavy, April 30, 2003. 14 Annex 3. Summons No. 004-2002-CNM, issued by the National Council of the Magistracy, September 19, 2002. Annex to the initial petition by petitioner Cuya Lavy, April 30, 2003. 9 10 6