levels every seven years. Those not ratified cannot re-enter the Judiciary or the Public Prosecution Service. The ratification process is independent of disciplinary measures”. 43 68. Article 142 of the 1993 Constitution established: "[n] or are the decisions of the National Elections Jury on electoral matters, nor those of the National Council of the Judiciary in matters of evaluation and ratification of judges, subject to review in the courts". 44 69. Article 158 of the 1993 Political Constitution provided: The Public Prosecution Service is autonomous. The National Attorney General presides over it. He is elected by the Board of Supreme Prosecutors. The position of Attorney General lasts three years, and is renewable, by re-election, only for another two. The members of the Public Prosecution Service have the same rights and prerogatives and are subject to the same obligations as those of the Judiciary in the respective category. They are affected by the same incompatibilities. Their appointment is subject to requirements and procedures identical to those of the members of the Judiciary in their respective category. 45 70. The Organic Law of the National Council of the Judiciary, Law No. 26397, established where pertinent, that: Article 2.- The National Council of the Judiciary is responsible for the selection, appointment, ratification and removal of judges and prosecutors at all levels, except when they come from popular election, in which case it is only empowered to extend the title and apply the sanction of dismissal when appropriate pursuant to law. Decisions on the matters referred to in the preceding paragraph cannot be reviewed in court. Its decisions cannot be challenged. Article 21. The following powers correspond to the National Council of the Judiciary: […] b) Ratify the judges and prosecutors at all levels every [seven] years. Those not ratified cannot re-enter the Judiciary or the Public Prosecution Service. The ratification process is independent of the disciplinary measures adopted by the Judiciary, the Public Prosecution Service or the sanction referred to in the following paragraph. Article 30. For the purposes of the ratification of judges and prosecutors referred to in subsection b) of Article 21 of this Law, the National Council of the Judiciary evaluates the conduct and suitability in the performance of the position, considering the jurisdictional output, merits, reports, of the Bar Associations and Legal Associations, background information that they have accumulated on their conduct, with a personal interview to be granted in each case. […] Removal from office does not constitute a penalty nor deprivation of rights acquired in accordance with the law, but it does prevent re-entry to the Judiciary and Public Prosecution Service. The resolution adopted is not subject to any appeal. 46 71. The Regulation of the Evaluation and Ratification Process of Judges of the Judiciary and prosecutors of the Public Prosecution Service, issued through Resolution No. 043-2000-CNM of November 16, 2000, established that the CNM should convene judges and prosecutors for this process, setting a period of 10 days for them to present their updated and documented Curriculum Vitae, and copies of their annual affidavits of assets and income, among other documents. 47 Political Constitution of Peru, enacted December 29, 1993, article 154 (evidence file, fs. 3943 to 4010). Political Constitution of Peru, enacted on December 29, 1993, article 142, supra. 45 Political Constitution of Peru, enacted on December 29, 1993, article 158, supra. Articles 150 and 154 provided, according to relevant part of the same text: “Article 150. The National Council of the Judiciary is in charge of the selection and appointment of judges and prosecutors, except when they come from popular election. The National Council of the Judiciary is independent and is governed by its Organic Law”, and “Article 154. The functions of the National Council of the Judiciary are: 1. Appoint, after a public contest of merits and personal evaluation, the judges and prosecutors of all levels. Said appointments require the affirmative vote of two thirds of the legal number of its members […]”. 46 Law No. 26397, Organic Law of the National Council of the Judiciary, published on December 7, 1994 (evidence file, fs. 2548 to 2556). 47 Regulations for the Process of Evaluation and Ratification of Judges of the Judiciary and Prosecutors of the Public Prosecution, Resolution 043-2000-CNM of November 16, 2000, Articles 1 and 2 (evidence file, fs. 2628 to 2631). 43 44 20

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