Committee has considered that, by not respecting the basic requirements of due process,
the right to due process established in Article 14239 (the counterpart to Article 8 of the
American Convention) is violated, in conjunction with the right to have access on equal
terms to public service in his country protected by Article 25(c)240 (the counterpart to Article
23()(c) of the American Convention).241
197. The foregoing elements allow the Court to clarify some aspects of its case law. For
instance, in the case of Reverón Trujillo v. Venezuela, the Court indicated that the right to
an independent judge established in Article 8(1) of the Convention only signified a right of
the individual to be tried by an independent court or judge. 242 Nevertheless, it is important
to point out that judicial independence should not only be analyzed in relation to the
defendant, because the judge must have a series of guarantees that make judicial
independence possible. The Court finds it pertinent to clarify that the violation of the
guarantee of judicial independence, in relation to the tenure and stability of judges in their
functions, must be analyzed in light of the Convention-based rights of judges when they are
affected by a decision of the State that arbitrarily affects their term of appointment. In this
sense, the institutional guarantee of judicial independence is directly related to a right of the
judge to remain in office, as a result of the guarantee of tenure in office.
198. Lastly, the Court has indicated that the State must guarantee the autonomous
exercise of the judicial function in both its institutional aspect, that is in relation to the
Judiciary as a system, and also in relation to its individual aspect, that is, as regards the
person of the specific judge.243 The Court finds it pertinent to clarify that the objective
dimension is related to essential aspects of the rule of law, such as the principle of the
separation of powers, and the important role played by the judicial function in a democracy.
Consequently, this objective dimension transcends the figure of the judge and has a
collective impact on society. In addition, a direct relationship exists between the objective
dimension of judicial independence and the right of judges to accede to and remain in office
under general terms of equality, as an expression of their guarantee of stability.
199. Bearing in mind the standards indicated above, the Court considers that: (i) respect
for judicial guarantees entails respect for judicial independence; (ii) the dimensions of
judicial independence result in the subjective right of the judge that his removal from office
239
Article 14(1) of the International Covenant on Civil and Political Rights establishes: “All persons shall be
equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and
impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for
reasons of morals, public order or national security in a democratic society, or when the interest of the private lives
of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances
where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit
at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings
concern matrimonial disputes or the guardianship of children.”
240
Article 25 of the International Covenant on Civil and Political Rights establishes: “Every citizen shall have
the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable
restrictions: […] (c) To have access, on general terms of equality, to public service in his country.
241
The Human Rights Committee concluded that ““the dismissal procedure did not respect the requirements
of basic procedural fairness and failed to ensure that the author benefited from the necessary guarantees to which
he was entitled in his capacity as a judge, thus constituting an attack on the independence of the judiciary. For this
reason the Committee concludes that the author’s rights under article 25(c) in conjunction with article 14,
paragraph 1, have been violated.” Human Rights Committee, Communication No. 1376/2005, Soratha
Bandaranayake v. Sri Lanka, CCPR/C/93/D/1376/2005, para. 7.2.
242
Case of Reverón Trujillo v. Venezuela, para. 148.
243
Cf. Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela, para. 55, and
Case of Reverón Trujillo v. Venezuela, para. 67.
59