193. Meanwhile, the Principles and Guidelines on the Right to a Fair Trial and Legal
Assistance in Africa include a specific prohibition to remove judges in the context of the
annulment of their rulings. The Principles and Guidelines established that “[j]udicial officials
shall not be: […] removed from office or subject to other disciplinary or administrative
procedures by reason only that their decision has been overturned on appeal or review by a
higher judicial body.”232
194. In addition, in relation to the protection granted by Article 23(1)(c) of the American
Convention,233 in the cases of Apitz Barbera et al., and Reverón Trujillo, this Court
stipulated that Article 23(1)(c) does not establish the right to have access to public office,
but rather to do so “under general conditions of equality.” This means that respect for and
the guarantee of this right are complied with when “the criteria and processes for
appointment, promotion, suspension, and dismissal are objective and reasonable” and when
“no one is subject to discrimination” in the exercise of this right.234 In this regard, the Court
has indicated that equal opportunities in access to and tenure in a position guarantee
freedom from any political interference or pressure. 235
195. The Court has also indicated that the guarantee of tenure for judges is related to the
right to permanence, on general terms of equality, in public office.236 Indeed, in the case of
Reverón Trujillo, the Court indicated that “access, on equal terms, would constitute an
insufficient guarantee if it were not accompanied by the real protection of permanence in
the office to which access is obtained.”237
196.
For its part, in cases of the arbitrary dismissal of judges,238 the Human Rights
232
Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, adopted as part of the
report of activities of the African Commission at the Second Summit and Meeting of Heads of State of the African
Union held in Maputo from July 4 to 12, 2003, Principle A(4)(2).
233
The pertinent part of Article 23(1) establishes that: “Every citizen shall enjoy the following rights and
opportunities: […] (c) to have access, under general conditions of equality, to the public service of his country.”
234
Cf. Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela, para. 206, and
Case of Reverón Trujillo v. Venezuela, para. 138. See also, Human Rights Committee, General Comment No. 25:
The right to participate in public affairs, voting rights and the right of equal access to public service (Art. 25),
CCPR/C/21/Rev. 1/Add. 7, 12 July 1996, para. 23.
235
Cf. Case of Chocrón Chocrón v. Venezuela, para. 135. See also, Human Rights Committee, General
Comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial, CCPR/C/GC/32, 23
August 2007, para. 19.
236
Cf. Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela, para. 43, and
Case of Chocrón Chocrón v. Venezuela, para. 135. See also, Human Rights Committee, Communication No.
814/1998, Mikhail Ivanovich Pastukhov v. Belarus, CCPR/C/78/D/814/1998, para. 7.3; Communication No.
933/2000, Adrien Mundyo Busyo, Thomas Osthudi Wongodi, René Sibu Matubuka et al. v. Democratic Republic of
the Congo, CCPR/C/78/D/933/2000, para. 5.2.
237
Case of Reverón Trujillo v. Venezuela, para. 138, and Case of Chocrón Chocrón v. Venezuela, para. 135.
Also, the Human Rights Committee, in the case of Mikhail Ivanovich Pastukhov v. Belarus, declared that “the
author's dismissal from his position as a judge of the Constitutional Court, several years before the expiry of the
term for which he had been appointed, constituted an attack on the independence of the judiciary and failed to
respect the author's right of access, on general terms of equality, to public service in his country. Consequently,
there has been a violation of article 25 (c) of the Covenant, read in conjunction with article 14, paragraph 1, on the
independence of the judiciary.” Cf. Human Rights Committee, Communication No. 814/1998, Mikhail Ivanovich
Pastukhov v. Belarus, CCPR/C/78/D/814/1998, para. 7.3.
238
In the case of Soratha Bandaranayake v. Sri Lanka, where the Committee concluded that “a dismissal of a
judge in violation of article 25 (c) of the Covenant, may amount to a violation of this guarantee, read in
conjunction with article 14, paragraph 1 providing for the independence of the judiciary.” Human Rights
Committee, Communication No. 1376/2005, Soratha Bandaranayake v. Sri Lanka, CCPR/C/93/D/1376/2005, para.
7.3.”
58