4 person or group of persons who consider that their human rights have been violated may present claims or petitions to the inter-American system for the promotion and protection of human rights in accordance with its established procedures.” 4. Considering that this provision reiterates the provisions of the Convention,16 it may be concluded that, if it has been included in the Inter-American Democratic Charter it is, doubtless, to stress that the total or partial absence of democracy in a State involves, per se, violations of human rights. This means, consequently, that even though it would not be incumbent on the Court to condemn a State party to the Convention for violating the said Charter, at the very least it should consider that phenomenon in the context, not only of the specific facts that violate human rights in the case submitted to its consideration and decision, but also in the terms of the Convention, interpreted by that Charter.17 If this were not so, the inclusion of human rights in the latter would make no sense. 5. In addition, it is worth noting that, although the Court’s indications in this regard in a concrete or specific contentious case are not compulsory or binding for the OAS organs, such indications can constitute an element to be considered within the framework of the interrelationship between the different instances and organs of the inter-American system, if it should issue a ruling under the provisions of the InterAmerican Democratic Charter. Consequently, a ruling by the Court in this regard would make a relevant contribution to one of the main purposes of the OAS 18 and principles of the States of the Americas,19 particularly when the first paragraph of the Preamble to the Convention reaffirms “their intention to consolidate in this hemisphere, within the framework of democratic institutions, a system of personal liberty and social justice based on respect for the essential rights of man.” B. JUDICIAL INDEPENDENCE 1. An issue with major impact on the effective exercise of democracy and, consequently, freedom of thought and expression, is that of the separation of powers and, more specifically, that of the independence of the Judiciary.20 It should be recalled, in this regard, that Article 3 of the Inter-American Democratic Charter establishes as an essential element of representative democracy “the separation of powers and independence of the branches of government.”21 Plainly, this separation must not only be formal, but real and effective; consequently, if this is not so, the logical consequence Art. 44 of the Convention: “Any person or group of persons, or any nongovernmental entity legally recognized in one or more member states of the Organization, may lodge petitions with the Commission containing denunciations or complaints of violation of this Convention by a State Party.” 16 17 Footnote No. 10. Article 2(b) of the OAS Charter: Any person or group of persons who consider that their human rights have been violated may present claims or petitions to the inter-American system for the promotion and protection of human rights in accordance with its established procedures.”(b) To promote and consolidate representative democracy, with due respect for the principle of nonintervention.” 18 Article 3(d) of the OAS Charter: “The American States reaffirm the following principles: (d) The solidarity of the American States and the high aims which are sought through it require the political organization of those States on the basis of the effective exercise of representative democracy.” 19 Judgment, Chapter VI “Facts”: (A) “Background and context”; A.1. “Determination of the context of the facts of the case”. 20 “Essential elements of representative democracy include, inter alia, respect for human rights and fundamental freedoms, access to and the exercise of power in accordance with the rule of law, the holding of periodic, free, and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people, the pluralistic system of political parties and organizations, and the separation of powers and independence of the branches of government.” 21