111. Based on the foregoing, and analyzing the totality of the available remedies, the Commission deems that the alleged victim did not have access to a remedy that would allow for a comprehensive review to challenge the decision that ordered his dismissal as a criminal prosecutor, or to an effective judicial recourse, as provided in the American Convention, to ensure protection of the rights he believes were violated. 112. The Commission therefore concludes that the Paraguayan State is responsible for violating the rights established in Articles 8(2)(h) and 25(1) of the American Convention, in conjunction with Articles 1(1) and 2 thereof, to the detriment of Alejandro Nissen Pessolani. 6. Political rights91 113. Article 23(1)(c) establishes the right to have access to public service “under general conditions of equality.” The Court has interpreted that article to mean that when a judge’s tenure is arbitrarily impaired, the right to judicial independence is violated, as is the right of access to public service and tenure, under general conditions of equality, established in Article 23(1)(c).92 The Commission has held that this standard also applies to prosecutors, as the increased tenure protections for judges are also applicable and should protect prosecutors, to guarantee their independence in performing the duties of their office.93 114. The case at hand has established that Mr. Nissen Pessolani was separated from his post as public prosecutor in a proceeding in which there were violations both to due process and to the principle of legality, in the terms described throughout this report on the merits of the case. It was also established that the disciplinary process was carried out in a manner that is incompatible with the right to freedom of expression. Under such circumstances, and pursuant the criteria mentioned in the previous paragraph, the Commission considers that the State also violated Article 23(1)(c) of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of Mr. Alejandro Nissen Pessolani. V. CONCLUSIONS AND RECOMMENDATIONS 115. Based on the determinations of fact and of law, the Inter-American Commission concluded that the State is responsible for violating the rights to a fair trial, principle of legality, freedom of expression, and judicial protection, established in Articles 8(1), 8(2)(b), 8(2)(c), 8(2)(h), 9, 13(1), 13(2), 23(1)(c), and 25(1) of the American Convention on Human Rights, in conjunction with the obligations established in Articles 1(1) and 2 thereof, to the detriment of Alejandro Nissen Pessolani. 116. Based on the analysis and conclusions in this report, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE STATE OF PARAGUAY 1. Reinstate the victim to a position similar to the one he held before, with the same remuneration, fringe benefits, and equivalent rank to what he would be entitled today if he had not been terminated. If this is not the victim’s wish, or if there are objective reasons that would keep him from being reinstated, the State should pay compensation for this reason, independent of the reparations for material and moral harm included in the second recommendation. 2. Provide full reparation for the consequences of the violations laid out in this report, including both material and non-material harm. Article 23 of the American Convention establishes the following, in its pertinent sections: “1. 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. 2. The law may regulate the exercise of the rights and opportunities referred to in the preceding paragraph only on the basis of age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.” 92 IACHR, Report No. 72/17, Case 13.019, Merits, Eduardo Rico, Argentina, July 5, 2017, para. 124; I/A Court H.R., Case of López Lone et al. v. Honduras, Preliminary Objection, Merits, Reparations, and Costs, Judgment of October 5, 2015, Series C No. 302, para. 192. 93 IACHR, Report No. 116/18, Case 12.975, Merits, Julio Casa Nina, Peru, October 5, 2018, para. 75. 91 22