50. On December 12, 2006, the petition was declared inadmissible, since it was considered that “the constitutional petitions tending to question definitive resolutions of the National Council of the Magistracy, regarding the dismissal and ratification of judges and prosecutors, are inadmissible, as long as the said resolutions were motivated and had the previous hearing of the interested party.” It added that the alleged victim “admits having been interviewed during the proceeding previous to his non-ratification, without questioning, having been willingly subjected to the said administrative proceeding, which cannot be questioned through the amparo process. Consequently, he was granted the right to defense and due process, included in the Political Constitution.”42 The alleged victim appealed to this decision and on August 3, 2007, the Second Civil Room declared the remedy inadmissible, indicating that the petition was submitted after the deadline of 60 working days from the affectation, and before a non-competent body, due to territorial jurisdiction.43 51. The alleged victim filed for a constitutional grievances remedy before the Constitutional Court, against the previous decision, but it was declared inadmissible on December 19, 2007, since it was submitted after the deadline, and it was not about a continuous affectation.44 4. Marta Silvana Rodríguez Ricse 52. On May 6, 1987, Marta Silvana Rodríguez Ricse was appointed as Provincial Adjunct Prosecutor of the Mixed Provincial Public Prosecutor's Office of Huancayo of the Judicial District of Junín.45 53. On January 22, 2001, they published the resolution through which the NCM summoned Ms. Marta Silvana Rodríguez Ricse for the assessment and ratification proceeding.46 The petitioner said, and the State did not dispute, that she was not summoned for an interview and that she was never charged.47 54. On July 13, 2001, the NCM passed a resolution determining the alleged victim’s nonratification and the cancellation of his appointment as Provincial Adjunct Prosecutor of the Judicial District of Junín.48 The decision has no further motivation. 55. decision.49 On December 11, the alleged victim filed for a writ of amparo against the non-ratification 56. On December 18, 2006, the Mixed Court of Puente Piedra, Santa Rosa, and Ancón declared the appeal petition inadmissible, since: “the constitutional petitions tending to question definitive resolutions of the National Council of the Magistracy, regarding the dismissal and ratification of judges and prosecutors, are inadmissible, as long as the said resolutions were motivated and had the previous hearing of the interested party.”50 The alleged victim filed for a motion of appeal, saying that “she was not summoned for an interview, she was not charged so as to defend herself” and also indicating that “in her professional career, she had always been upright and had respected legal and constitutional regulations when solving the proceedings of her knowledge.” Moreover, she said that the State acknowledged in a friendly settlement agreement enacted by the Ministry of Justice that “during the ratification proceedings, serious irregularities have taken place.”51 42 Annex 22. Judgment by the Mixed Court of Puente Piedra, Santa Rosa, and Ancón, delivered within the case file 1014-06, December 12, 2006. Annex to the initial petition by petitioner Díaz Alvarado, May 22, 2008. 43 Annex 23. Judgment of the Second Civil Room of the Superior Court of Justice of Northern Lima, delivered within case file 00389-20070, August 3, 2007. Annex to the initial petition by petitioner Díaz Alvarado, May 22, 2008. 44 Annex 21. Resolution of the Constitutional Court, passed within case file No. 5845-2007-PA/TC, December 19, 2007. Annex to the initial petition by petitioner Díaz Alvarado, May 22, 2008. 45 Annex 24. Supreme Resolution No. 094-87-JUS, May 6, 1987. Annex to the initial petition by petitioner Rodríguez Ricse, August 23, 2008. 46 Annex 25. Official letter No. 565-SG-CNM-2001 issued by the National Council of the Magistracy, September 11, 2001. Annex to the initial petition by petitioner Rodríguez Ricse, August 23, 2008. 47 Initial petition by petitioner Rodríguez Ricse, August 23, 2008. 48 Annex 25. Official letter No. 565-SG-CNM-2001 issued by the National Council of the Magistracy, September 11, 2001. Annex to the initial petition by petitioner Rodríguez Ricse, August 23, 2008. 49 Annex 26. Judgment by the Mixed Court of Puente Piedra, Santa Rosa, and Ancón, delivered within the case file 1098-06, December 18, 2006. Annex to the initial petition by petitioner Rodríguez Ricse, August 23, 2008. 50 Annex 26. Judgment by the Mixed Court of Puente Piedra, Santa Rosa, and Ancón, delivered within the case file 1098-06, December 18, 2006. Annex to the initial petition by petitioner Rodríguez Ricse, August 23, 2008. 51 Annex 27. Judgment of the First Civil Room of the Superior Court of Justice of Northern Lima, delivered within case file 0387-2007-0, June 22, 2007. Annex to the initial petition by petitioner Rodríguez Ricse, August 23, 2008. 10

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