20
opportunities in the access to the Judicial Power. Therefore, the judges must be selected
exclusively based on their personal merits and professional qualifications, through objective
selection and continuance mechanisms that take into account the peculiarity and specific
nature of the duties to be fulfilled. 59
75.
Regarding fixed terms in office, the Court noted Nos. 11, 12, 13, 18, and 19 of the
Basic Principles on the Independence of the Judiciary and referred to the rulings of the Human
Rights Committee in the following terms:
The Basic Principles state that “the term of office of judges shall be adequately secured by
law” and that “judges, whether appointed or elected, shall have guaranteed tenure until a
mandatory retirement age or the expiry of their term of office, where such exists.”
On the other hand, the Universal Principles also state that “promotion of judges, wherever
such a system exists, should be based on objective factors, in particular on ability, integrity
and experience.”
Finally, the Basic Principles state that the judges “shall be subject to suspension or removal
only for reasons of incapacity or behavior that renders them unfit to discharge their duties”
and that “all disciplinary, suspension or removal proceedings shall be determined in
accordance with established standards of judicial conduct.” Similarly, the Human Rights
Committee has pointed out that the judges may only be removed for grave disciplinary
offenses or incapacity and according to fair procedures that guarantee objectivity and
impartiality according to the constitution or law. Additionally, the Committee has expressed
that “the dismissal of judges by the Executive Power before the expiration of the term of
office for which they were appointed, without giving them a specific reason and without
having an effective judicial protection to appeal the dismissal, is not compatible with judicial
independence.” 60
76.
In particular, the Commission has said that in light of the need to guarantee judicial
impartiality and independence in decision-making, brevity of the terms of judges has been identified
within the judiciary as a source of concern. 61
77.
Regarding this requirement, the European Court has ruled that the guaranteed
permanence of judges for as long their mandate lasts has to be seen as a corollary to the judicial
independence enshrined in Article 6.1 of the European Convention on Human Rights and
Fundamental Freedoms 62 .
78.
In line with those principles, the Court has said that the authority in charge of the
process for the dismissal of a judge must act independently and impartially in the proceedings
59
I/A Court H.R., Case of Reverón Trujillo v. Venezuela, Preliminary Objection, Merits, Reparations and Costs, Judgment of June 30,
2009, Series C No. 197, paras. 71 and 72. Citing: Principle I(2)(c) of Recommendation No. R (94) 12 of the Committee of Ministers to the
Members States of the Council of Europe on the Independence, Efficiency and Role of Judges adopted by the Committee of Ministers on October
13, 1994, in meeting No. 518 of the Vice Ministers; and United Nations, 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, August 23, 2007, para. 19. Principle 10 of Basic Principles on the
Independence of the Judiciary.
60
I/A Court H.R., Case of Reverón Trujillo v. Venezuela, Preliminary Objection, Merits, Reparations and Costs, Judgment of June
30, 1999, Series C No. 197, para. 77. Citing: Principles 11, 12, 13, 18 and 19 of the Basic Principles on the Independence of the Judiciary; and
United Nations, Human Rights Committee, General Comment No. 32, Article 14, para. 20.
61
62
IACHR, Report on the Situation of Human Rights in Ecuador, OEA/Ser.L/V/II.96, Doc. 10 rev. 1, April 24, 1997, ch. III.
Eur. Court H.R., Campbell and Fell judgment of 28 June 1984, Series A no. 80, para. 80; Eur. Court HR., Engel and Others
judgment, Series A no. 22, pp. 27-28, para. 68.