- 53 were contained in regulations or norms of a lower rank that did not possess these characteristics.”
They stated that the purpose of the institution of disciplinary proceedings and the subsequent
dismissals was “to sanction the [presumed] victims for expressing an opinion contrary to the coup
d’état […] and thus create an inhibiting effect on the other members of the Judiciary” in order to
prevent any further questioning of the role that the Supreme Court played in this context and,
“thus, harming judicial independence.” Regarding the situation of Justice Flores, they argued that
“the filing of complaints can be considered a form of exercising freedom of expression, [so that] the
dismissal of the justice […] constituted an inference with that right.” Lastly, the representatives
argued the violation of Article 23(1)(a) as part of the presumed right to defend human rights (infra
para. 284).
159. The State argued that “no actions have been taken to restrict freedom of thought and
expression, [because] both the Judicial Service Council and the actual […] Council of the Judiciary
and the Judicial Service have upheld all the judicial guarantees of the petitioners, giving them the
opportunity to defend themselves in the different instances to prove that they had not incurred
administrative responsibility.” It indicated that “there are limitations to the exercise of any right,
and although it is argued that external influences should be avoided in jurisdictional decision, this
means that the organs that impart justice must function correctly; that, in accordance with the
norms in force, judicial officials should not perform any act that compromises the necessary
impartiality in the exercise of their functions.” It also stressed that “the Supreme Court of Justice
did not carry out any dismissal for political reasons,” but rather the dismissals were the result of
wrongful acts. Lastly, it pointed out that Mr. Barrios continued in his functions earning a salary as a
judge, during the proceedings in which it was decided that the Inspectorate General of Courts and
Tribunals had not substantiated the grounds for his dismissal beyond any reasonable doubt.
B. Considerations of the Court
160. The Court has recognized the relationship that exists between political rights, freedom of
expression, the right of assembly and freedom of association, and that these rights, taken as a
whole, make the democratic process possible.296 In situations where there is a breakdown of
institutional order following a coup d’état, the relationship between these rights is even clearer,
especially when they are all exercised at the same time in order to protest against actions by the
public authorities that are contrary to the constitutional order, and to reclaim the return to
democracy. Protests and related opinions in favor of democracy should be ensured the highest
protection and, depending on the circumstances, may be related to all or some of the said rights.
161. Article 23 of the Convention, with regard to political rights, recognizes rights of the citizen that
are exercised by each particular individual. Paragraph 1 of this article recognizes that every citizen
has the right: (a) to take part in the conduct of public affairs, directly or through freely chosen
representatives; (b) to vote and to be elected in genuine periodic elections, which shall be by
universal and equal suffrage and by secret ballot that guarantees the free expression of the will of
the voters; and (c) to have access, under general conditions of equality, to the public service of his
country.297
162. The effective exercise of political rights constitutes an end in itself and, also, an essential
means that democratic societies have to ensure the other human rights established in the
Convention.298 Moreover, according its Article 23, the holders of these rights – in other words, the
296
Cf. Case of Castañeda Gutman v. Mexico, supra, para. 140.
297
Cf. Case of Yatama v. Nicaragua. Preliminary objections, merits, reparations and costs. Judgment of June 23,
2005. Series C No. 127, paras. 195 to 200, and Case of Argüelles et al. v. Argentina, supra, para. 221.
298
Cf. Case of Castañeda Gutman v. Mexico, supra, para. 143, and Case of López Mendoza v. Venezuela. Merits,
reparations and costs. Judgment of September 1, 2011 Series C No. 233, para. 108.