opportunity to be heard, to hear evidence, to challenge magistrates, to bring actions and
to file appeals, like any other magistrate who has been tried before the JEM [...].”
B. Considerations of the Court
85. Although the Commission stated that the lack of suitable and effective remedies
implied, in the specific case, a violation of judicial guarantees and the right to appeal the
judgment, this Court will analyze the allegations only from the perspective of Article
25(1) of the Convention, in view of the previous decision (supra para. 77). This Court
has pointed out, in relation to Article 25(1) of the Convention, that said norm
contemplates the obligation of the States Parties to guarantee, to all persons under their
jurisdiction, effective judicial remedies to human rights violations. 101 Such effectiveness
implies that, in addition to the formal existence of remedies, they provide results or
responses to violations of rights enshrined in the Convention, the Constitution, or the
regulations.102 This implies that the remedy must be appropriate to address the violation
and its application by the competent authority must be effective.103 Likewise, this Court
has established that an effective judicial remedy means that the analysis by the
competent authority of a judicial recourse cannot be reduced to a mere formality;
instead, it must examine the reasons invoked by the applicant and make express
statements regarding the same.104 The aforementioned does not imply that the
effectiveness of a remedy is evaluated based on whether it produces a favorable outcome
for the application.105
86. Likewise, in accordance with its most recent case law, the Court has considered
that the resolution notifying the disciplinary sanction adopted, as well as the resolution
notifying the initiation of the investigation and the charges, must establish the remedies
to which the interested party is entitled, the deadline for filing them, and the authority
having jurisdiction to hear them. This is because access to judicial guarantees requires
that individuals whose rights may be affected fully understand the available remedies
and how to take action. The Court understands that sanctioning matters are generally
technical, and if the sanctioned person is not aware of the available remedies, their lack
of knowledge can become a barrier to accessing the means of appeal provided in
domestic legislation.106
87. From analyzing the arguments presented by the Commission and the
representative, it is clear that the controversy in this case is related to the adequacy and
effectiveness of the appeal for clarification and reversal, as well as the action of
unconstitutionality. In effect, with respect to the rulings of the JEM, Article 21 paragraph
(f) of Law 1084 states: "the final judgments, resolutions and orders issued by the Jury
101
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary Objections. Judgment of June 26, 1987. Series
C No. 1, para. 91, and Case of Mina Cuero v. Ecuador. Preliminary objections, Merits, Reparations, and costs.
Judgment of September 7, 2022. Series C No. 462, para. 116.
102
Cf. Judicial Guarantees in States of Emergency (Arts. 27(2), 25, and 8 of the American Convention on
Human Rights.) Advisory opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 24, and Case of Mina
Cuero v. Ecuador, supra, para. 116.
103
Cf. Advisory opinion OC-9/87, supra, para. 24, and Case of Mina Cuero v. Ecuador, supra, para. 116.
Cf. Case of López Álvarez v. Honduras. Merits, Reparations, and costs. Judgment of February 1, 2006.
Series C No. 141, para. 96, and Case of Habbal et al. v. Argentina, supra, para. 108.
104
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 67, and Case of Mina Cuero v. Ecuador,
supra, para. 116.
105
106
Cf. Case of Mina Cuero v. Ecuador, supra, para. 92.
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