50. This Court has pointed out that the guarantees contemplated in Article 8(1) of the
Convention are also applicable to cases in which a non-judicial authority adopts decisions that
affect the determination of the rights of individuals, taking into account that it is not required
to comply with the guarantees of a jurisdictional body, but it must comply with those intended
to ensure that the decision is not arbitrary.29
51. The Court will proceed to examine the arguments of the parties in this order: 1. The
alleged violation of the right to a competent and independent tribunal; 2. The alleged violation
of the right to an impartial tribunal; 3. The alleged violation of the right to a reasoned
judgment; 4. The alleged violation of the right to defense, to other judicial guarantees and to
appeal the judgment; and 5. Conclusion.
B.1. The alleged violation of the right to a competent and independent tribunal
52. This Court has indicated that the scope of judicial guarantees and effective judicial
protection in proceedings against judicial authorities must be analyzed in relation to the
standards on judicial independence. The Court has specified that judges have specific
guarantees due to the necessary independence of the Judiciary, which the Court has
understood as "essential for the exercise of the judicial function”. From judicial independence
derive the guarantees of an adequate appointment process, tenure in the post and protection
from external pressure.30
53. In addition, the Court has stated that one of the main objectives of the separation of
public powers is the guarantee of judicial independence.31 This autonomous exercise shall be
guaranteed by the State both in its institutional aspect, that is, with regard to the Judicial
Power as a system, as well as in connection with its individual aspect, that is, with regard to
the specific judge as an individual. The objective of the protection lies in avoiding that the
justice system in general and its members specifically be submitted to possible improper
restrictions in the exercise of their duties by bodies foreign to the Judicial Power or even by
those judges who exercise duties of revision or appeal.32
54. Based on the foregoing, it is incumbent upon the Court to analyze the possible effects
on the right to an independent judge from two different perspectives. On the one hand, it
must determine whether the proceedings before the Impeachment Jury affect, in abstracto,
the judicial independence and the guarantee of tenure in office and, secondly, whether the
proceeding that was carried out against Mr. Rico violated the principle of independence.
55. The Court has said that the guarantee of tenure in the post as a component of judicial
independence is composed of several elements: (i) their removal must be exclusively the
result of permitted reasons, either by means of a procedure that respects judicial guarantees
or because their mandate has ended; (ii) judges may only be dismissed owing to serious
disciplinary offenses or incompetence; (iii) any disciplinary procedure against a judge must
be decided in accordance with the established norms for judicial conduct in fair proceedings
that ensure objectivity and impartiality pursuant to the Constitution or the law, since the free
Cf. Case of the Constitutional Court v. Peru, para. 71, and Case of Colindres Schonenberg v. El Salvador,
para. 65.
30
Case of Reverón Trujillo v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of
June 30, 2009. Series C No. 197, para. 67, and Case of Colindres Schonenberg v. El Salvador, para. 68.
31
Cf. Case of the Constitutional Court v. Peru, para. 73, and Case of Villaseñor Velarde et al. v. Guatemala.
Merits, Reparations and Costs. Judgment of February 5, 2019. Series C No. 374, para. 83.
32
Cf. Case of Apitz Barbera et al. ("Corte Primera de lo Contencioso Administrativo") v. Venezuela, para. 55,
and Case of San Miguel Sosa et al. v. Venezuela. Merits, Reparations and Costs. Judgment of February 8, 2018.
Series C No. 348, para. 207.
29
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