regulatory modifications established that the resolutions referring to the ratification of magistrates
could be subject to jurisdictional review through an amparo process, (c) effectiveness of the
process of amparo against the decisions of the former CNM: the process of amparo against
decisions of the CNM, proceeds when these affect the constitutional rights of the judges and
prosecutors evaluated. 160 The State concluded that it is possible to use the amparo processes as
an effective mechanism to achieve reinstatement, in the event that the evaluation and ratification
processes violate due process. And these mechanisms were accessible in the case of the alleged
victims, and (d) origin of administrative remedies against decisions of the former CNM: the State
concluded that there is a remedy allowing for the original decisions to be reviewable by judges
and prosecutors, through of an administrative appeal, and this constitutes a way of guaranteeing
the right to challenge, which is not exactly the same as the right of second appeal, although they
are related.
B.
Considerations of the Court
170. This Court has indicated that Article 25(1) of the Convention establishes the obligation of
the States Parties to guarantee, to all persons under their jurisdiction, a simple, quick and effective
judicial remedy against acts that violate their fundamental rights. 161 Taking this into account, the
Court has indicated that, under the terms of Article 25 of the Convention, it is possible to identify
two specific obligations of the State. The first, to establish normatively and ensure the due
application of effective remedies before the competent authorities that protect all persons under
their jurisdiction against acts that violate their fundamental rights or that entail the determination
of their rights and obligations. The second is to guarantee the means to execute the respective
decisions and final judgments issued by said competent authorities, in such a way that the
declared or recognized rights are effectively protected. 162 The right established in Article 25 is
closely linked with the general obligation of Article 1(1) of the Convention, by attributing protection
functions to the domestic law of the States Parties. 163 In view of the foregoing, the State has the
responsibility not only to design and establish an effective remedy, but also to ensure the proper
application of said remedy by its judicial authorities 164.
171. With specific regard to the effectiveness of the remedy, this Court has established that the
meaning of the protection of the article is the real possibility of accessing a judicial remedy, for a
competent authority capable of issuing a binding decision to determine whether or not there has
been a violation of any right that the person claiming considers to have and that, if a violation is
found, the remedy will be useful to restore the interested party to the enjoyment of their right
160
The State indicated that it should “bear in mind that the Constitutional Court of Peru has interpreted that it is
possible to file –and consider as well-founded- a writ of amparo against the National Council of the Judiciary for a process
of ratifying magistrates. This can happen for various reasons, such as, for example, if said ratification was carried out
without respecting the term established by the Constitution”; as well as when it has not been substantiated, when due
process was not respected, when the magistrate was not granted a prior hearing. Next, the State referred to two rulings
in which the amparo process constituted an effective remedy for the protection of fundamental rights and guarantees of
due process, within the framework of an evaluation and ratification procedure. Resolution No. 1141-2005-CNM, of
November 22, 2005, through which, by virtue of the Judgment issued in the processing of File No. 40073-2003 (Amparo),
it was decided to reinstate Mr. Justino Jesús Gallegos Zanabria to the position of Combined Judge of El Collao, Ilave, of
the Judicial District of Puno. It also mentioned Resolution No. 1148-2005-CNM, of November 30, 2005, in which, by virtue
of the Judgment issued in the proceedings of File No. 55908-2003 (Title Judge of the First Combined Court of the Supreme
Court of Justice of Puno, of November 18, 2005, it decided to reinstate Mr. Daniel Antonio Cerna Bazán to the position of
Supreme Criminal Prosecutor of La Libertad.
161
Cf. Case of Mejía Idrovo v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 5,
2011, Series C No. 228, para. 95, and Case of Ríos Avalos et al. v. Paraguay, supra, para. 145.
162
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, para. 237, and Case of
Ríos Avalos et al. v. Paraguay, supra, para. 148.
163
Cf. Case of Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34, para. 83, and Case of
Casa Nina v. Peru, supra, para. 116.
164
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, para. 237, and Case of
Casa Nina v. Peru, supra, para. 116.
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