were not illegal under the applicable law.” This principle governs the actions of all the
organs of the State, within their respective competences, particularly when the time comes
to exercise punitive powers.150 The Inter-American Court has also indicated that the
principle of non-retroactivity is also intended to prevent an individual from being punished
for an act that, when committed, was not an offense or that was not punishable or could
not be prosecuted.151 Additionally, the ICourtHR has established that the application of an
administrative sanction or punishment that is substantially different to that established by
law violates the principle of legality, because it is based on extensive interpretations of the
criminal law.152
115. Consequently, there are two additional arguments that allow us to subsume what
happened with regard to the impeachment proceedings into Article 9 of the American
Convention. First, it should be considered that the “principle of legality” contains not only
aspects relating to the existence of a prior law and sanction that explicitly mentions the
literal meaning of the principle,153 but also the guarantee of the principle of criminalization.
The principle of criminalization means that the punitive law must define with sufficient
detail the elements that constitute the offense.154 Thus, not only must the guarantees of
due process of law be applied in impeachment proceedings, but also the need for grounds
for removal that are sufficiently clear must be considered included in the principle of
legality, in order to avoid or prevent the risk of abusive interpretations. 155 And, as I have
150
Cf. Case of Baena Ricardo et al. v. Panama. Merits, reparations and costs, para. 107, and Case of Fermín
Ramírez v. Guatemala. Merits, reparations and costs, para. 90; Case of Mohamed v. Argentina, para. 130.
151
Cf. Case of Ricardo Canese v. Paraguay. Merits, reparations and costs. Judgment of August 31, 2004.
Series C No. 111, para. 175, and Case of García Asto and Ramírez Rojas v. Peru. Preliminary objection, merits,
reparations and costs. Judgment of November 25, 2005. Series C No. 137, para. 191, and Case of Mohamed v.
Argentina, para. 131.
152
Cf. Case of Vélez Loor v. Panama. Preliminary objections, merits, reparations and costs. Judgment of
November 23, 2010. Series C No. 218, para. 187.
153
Cf. Case of Vélez Loor v. Panama. Preliminary objections, merits, reparations and costs. Judgment of
November 23, 2010. Series C No. 218, para. 183 (“in the interest of legal certainty, it is essential that the punitive
norm, whether criminal or administrative, exists and is known or may be known, before the act or omission that
violates it, and which it is intended to punish. The definition of an act as illegal, and the establishment of its legal
effects must precede the conduct of the individual who is considered an offender. Otherwise, the individual would
be unable to adapt his or her behavior in accordance with a valid and certain legal system that expresses the
reproach of society and its consequences. These are the grounds for the principles of legality and of the nonretroactivity of an unfavorable punitive norm”). See also Case of Baena Ricardo et al. v. Panama. Merits,
reparations and costs. Judgment of February 2, 2001. Series C No. 72, para. 106; Case of Yvon Neptune v. Haiti.
Merits, reparations and costs. Judgment of May 6, 2008. Series C No. 180, para. 125, and Case of García Asto and
Ramírez Rojas v. Peru. Judgment of November 25, 2005. Series C No. 137, para. 191.
154
Regarding criminal offenses, in the Case of García Asto and Ramírez Rojas v. Peru, the ICourtHR
established that “definitions of crimes must clearly describe the criminalized conduct, establishing its elements, and
the factors that distinguish it from other forms of conduct that are either not punishable or punishable with noncriminal measures. The American Convention requires States to make every effort to apply criminal sanctions with
strict respect for the basic rights of the individual, after carefully ascertaining the actual existence of illegal
conduct. In this regard, it is incumbent on the criminal judge, when applying criminal law, to abide strictly by its
provisions and to be extremely rigorous when relating the conduct of the accused to the definition of the offense, in
order not to punish acts that are not punishable under the legal system”; Case of García Asto and Ramírez Rojas v.
Peru. Judgment of November 25, 2005. Series C No. 137, paras. 188 to 190. See also Case of Fermín Ramírez v.
Guatemala. Merits, reparations and costs. Judgment of June 20, 2005. Series C No. 126, para. 90; Case of Lori
Berenson Mejía v. Peru. Merits, reparations and costs. Judgment of November 25, 2004. Series C No. 119, para.
125; Case of De la Cruz Flores v. Peru. Merits, reparations and costs. Judgment of November 18, 2004. Series C
No. 115, paras. 79, 81 and 82, and Case of Baena Ricardo et al. v. Panama. Merits, reparations and costs.
Judgment of February 2, 2001. Series C No. 72, para. 106.
155
In this regard, the ICourtHR has indicated that “administrative sanctions are, like criminal sanctions, an
expression of the State’s punitive power and, at times, they are similar to these in nature. They both entail
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