on the States the duty to provide the protection of the law against such attacks. In general terms,
this Court has indicated that the right to privacy is related to self-esteem and worth, while
reputation refers to the opinion that others have of a person.” 142 In consideration of the foregoing
and in application of the principle of iura novit curia (‘the court knows the law’), this Court
considers that the lack of substantiation for the CNM decisions for the non-ratification of Messrs.
Cuya, Valenzuela and Díaz and Ms. Rodríguez also caused an impairment of the right to privacy
of the aforementioned alleged victims, provided for in Article 11(1) of the Convention.
150. Lastly, this Court considers that in this specific case the regulations of the evaluation and
ratification procedure did not require the CNM to substantiate its decisions, which was incompatible
with the purposes of the American Convention, since the decisions did not show a reasoned
justification that would allow understanding of the reasons that led the judge to make a decision
not to ratify the alleged victims. Therefore, the Court considers that the regulations applied in this
case violate Article 2 of the Convention, in relation to Article 8(1) thereof.
151. Consequently, the Court considers that the State failed in its duty to substantiate the nonratification decisions enshrined in Article 8(1) of the American Convention, in relation to the
obligations established in Articles 1(1) and 2 of the same instrument, to the detriment by Jorge
Luis Cuya Lavy, Jean Aubert Díaz Alvarado, Marta Silvana Rodríguez Ricse and Walter Antonio
Valenzuela Cerna. Similarly, the Court considers that the State is responsible for not protecting
the right to privacy contained in Article 11(1) of the Convention, in relation to Article 1(1) of the
same instrument, to the detriment of Jean Aubert Díaz Alvarado, Marta Silvana Rodríguez Ricse,
Walter Antonio Valenzuela Cerna and Jorge Luis Cuya Lavy.
B.3. Regarding the right to know in advance and in detail the accusation
made and to have adequate time and means to prepare a defense
152. Article 8(2) of the Convention establishes the minimum guarantees that must be ensured
by the States based on due legal process. 143 The Court has ruled in its case law on the scope of
this article and has established that it is not limited to criminal proceedings, but has extended it,
as appropriate, to administrative proceedings before state authorities and to non-criminal judicial
proceedings in the constitutional, administrative and labor sphere. 144 Similarly, it has indicated
that, both in these and in other types of matters, "the individual also has the right, in general, to
due process that is applied in criminal matters." 145 This indicates that the guarantees of Article
8(2) of the Convention are not exclusive to criminal proceedings but can be applied to proceedings
of a punitive nature. The issue in each case is to determine the minimum guarantees that concern
a specific non-criminal punitive process, in accordance with its nature and scope. 146
153. In the case of evaluation or ratification processes for public officials, the Court reiterates the
previously indicated right to know in advance and in detail the accusation made implies that the
persons evaluated have precise knowledge of the general evaluation criteria used by the competent
authority to determine their tenure in office. The above implies the ability to establish whether the
breach identified by the authority is of such magnitude that it may lead to non-ratification, which is
also essential for the exercise of the right to defense (supra para. 142).
142
Cf. Case of Tristán Donoso v. Panamá. Preliminary Objection, Merits, Reparations and Costs. Judgment of January
27, 2009. Series C No. 193, para. 57, and Case of Álvarez Ramos v. Venezuela. Preliminary Objection, Merits, Reparations
and Costs. Judgment of August 30, 2019. Series C No. 380, para. 102.
143
Cf. Case of Baena Ricardo et al. v. Panama, supra, para. 137, and Case of Moya Solís v. Peru, supra, para. 68.
144
Cf. Case of the Constitutional Court v. Peru, supra; Case of Baena Ricardo et al. v. Panama, supra; Case of
Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Judgment of February 6, 2001. Series C No. 74; Case of Vélez
Loor v. Panama. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 23, 2010. Series C No.
218; Case of the Constitutional Court (Camba Campos et al.) v. Ecuador. Preliminary Objections, Merits, Reparations
and Costs. Judgment of August 28, 2013. Series C No. 268, and Case of Maldonado Ordóñez v. Guatemala. Preliminary
Objection, Merits, Reparations and Costs. Judgment of May 3, 2016. Series C No. 311, and Case of Moya Solís v. Peru,
supra.
145
Cf. Case of the Constitutional Court v. Peru, supra, para. 70, and Case of Moya Solís v. Peru, supra, para. 68.
146
Cf. Case of Maldonado Ordóñez v. Guatemala, supra, para. 75, and Case of Moya Solís v. Peru, supra, para. 68.
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