conducted, and that, if it has, she would like a copy of it, (...) and that, in addition, there is no
investigation regarding either the facts that gave rise to the precautionary measures or those
that occurred subsequently (...).133
109.
The Commission has no information regarding a continuation of the protection measures
subsequent to this date. It is the Commission's understanding that they were withdrawn after the official
September 2013 document was drawn up.
VI.
ANALYSIS OF LAW
A.
Right to humane treatment, due guarantees and judicial protection (Articles 5.1,134
8.1135, and 25136 of the American Convention in conjunction with Article 1.1 thereof)
110.
Bearing in mind that the subject matter of this case has to do with a series of occurrences
that both parties have identified as related to Mrs. Villaseñor's work as a judge, the Commission considers
that the following analysis of law must take into account international standards with respect to the
independence of the judiciary. The principle of an independent judiciary is contemplated in Article 8.1 of the
American Convention and constitutes one of the basic pillars of the democratic system. Here, the InterAmerican Commission and the Inter-American Court have considered that one of the main purposes of the
separation of powers is to guarantee the independence of judges.137
111.
The Inter-American Commission has pointed out that although the principle of judicial
independence is regulated in the American Convention as a right pertaining to defendants (justiciables) or
persons turning to the justice system to resolve their disputes, the duty to respect and guarantee that right
has direct implications for individual judges' exercise of their human rights.138
112.
As the Court has held in this regard:
(...) judges, unlike other public servants, have guarantees that are reinforced by the need for
the judiciary to be independent, a requirement the Court has deemed "essential for the performance
of the judicial function."139 The autonomous exercise of that function must be guaranteed by the State
both in its institutional facet, i.e., in relation to the judiciary as a system, and in its ramifications for
the individual, i.e., for a specific judge. The purpose of protection is to avoid the judicial system in
133
134
respected.
Petitioners’ communication of May 7, 2014.
Article 5.1 of the American Convention: Every person has the right to have his physical, mental, and moral integrity
135 Article 8.1 of the American Convention: Every person has the right to a hearing, with due guarantees and within a
reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any
accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other
nature.
136 Article 25.1 of the American Convention: Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution
or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the
course of their official duties.
137 IACHR, Guarantees for the Independence of Justice Operators. Towards strengthening access to justice and the rule of law in
the Americas. December 5, 2013, pars. 32 and 34. See 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, par. 67.
138 IACHR, Guarantees for the Independence of Justice Operators. Towards strengthening access to justice and the rule of law in
the Americas. December 5, 2013, par. 24 and IACHR Report No. 65/11, Case 12.600, Merits, Hugo Quintana Coello et al. Judges of the
(Supreme Court of Justice) Ecuador, March 31, 2011, par. 77.
139 I/A Court H.R., Case of Herrera Ulloa v. Costa Rica. Preliminary Objections, Merits, Reparations, and Costs. Judgment of July
02, 2004. Series C No. 107, par. 171.
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