2. Walter Antonio Valenzuela Cerna 39. On December 11, 1984, Walter Antonio Valenzuela Cerna was appointed as Judge of the Third Magistrate's Court of Surco and Surquillo districts.23 On October 6, 1994, he was appointed as Specialized Civil Judge of the Judicial District of Lima.24 40. On June 1, 2002, the National Council of the Magistracy summoned Mr. Valenzuela Cerna for the assessment and ratification proceeding.25 In the summons resolution, it was indicated as follows26: On May 30, 2002, the National Council of the Magistracy’s Plenary agreed on the commencement of individual assessment and ratification proceedings for the following magistrates: (…) 116 Valenzuela Cerna, Walter Antonio, Specialized Judge, Lima (...) 4) Start date of the proceedings: July 1, 2002 (...) 6) Information required from the people assessed: The judges summoned within ten working days, starting from the day after this publication, will submit their updated and documented curricula vitae, copies of their annual sworn declarations on assets and income, and other statements indicated [in the Regulations] to the National Council of the Magistracy (...) 7) Personal Interview: The judges summoned will be personally interviewed, pursuant to the schedule to be timely published in the Official Newspaper “El Peruano” and in another newspaper, which is more mainstream than the previous one.” 41. On June 20, 2002, the alleged victim filed for a writ of amparo against the summons resolution, stating that the assessment and ratification proceeding carried out every seven years was not applicable to him, since he entered the judicial role when the Constitution of 1979 was in force, and the latter did not include the said proceeding and granted his permanence in the role until the age of 70.27 42. The assessment and ratification proceeding continued in the absence of the petitioner, who did not show up in the proceeding. The NCM passed the resolution determining the alleged victim’s nonratification and the cancellation of his appointment as Specialized Civil Judge of Lima. 28 The alleged victim indicated that the resolution is unmotivated, which was not disputed by the State. 43. On September 12, 2002, the Fifth Civil Court of Lima declared the appeal petition unfounded, considering that the regulations of the Constitution of 1993 regarding assessment and ratification shall be immediately applied to those having the condition of magistrate, at the moment it became effective. 29 On September 24, 2002, the alleged victim filed for a motion of appeal.30 On May 23, 2003, the Fifth Civil Room declared the remedy inadmissible, indicating the origin of the immediate application principle in the case of the alleged victim, considering that it applies “to the consequences of the present legal relations and situations.”31 On July 16, 2003, the alleged victim filed for a special remedy before the Second Room of the Annex 7. Appointment as Judge of the Third Magistrate's Court of Surco and Surquillo districts, given by the President of the Republic, December 11, 1984. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 24 Annex 8. Appointment as Specialized Civil Judge of the District of Lima given by the Jury of Honor of the Magistracy, on October 10, 1994. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 25 Annex 9. Summons No. 002-2002-CNM, issued by the National Council of the Magistracy, June 1, 2002. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 26 Annex 9. Summons No. 002-2002-CNM, issued by the National Council of the Magistracy, June 1, 2002. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 27 Annex 10. Constitutional appeal petition presented by petitioner Valenzuela Cerna, June 20, 2002. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 28 Annex 11. Damage statement brief within the motion of appeal filed for by petitioner Valenzuela Cerna, November 26, 2002. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 29 Annex 12. Judgment of the Fifth Civil Court of Lima, delivered within case file 2002-26316-0-100-J-CI-50°, September 12, 2002. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 30 Annex 13. Motion of appeal filed for by petitioner Valenzuela Cerna, September 24, 2002. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 31 Annex 14. Judgment of the Fifth Civil Room of the Superior Court of Justice of Lima, delivered within case file No. 2857-2002, May 23, 2003. Annex to the brief by petitioner Valenzuela Cerna, January 14, 2008. 23 8