hearing of the imposed sanction by a higher court, independently of the judicial remedy for
possible violations of due process, and (iv) Ensure that the judicial remedy for possible violations
of due process in this type of procedure is accessible and simple and allows a ruling on the merits.
201.
The representatives requested:
a)
Mr. Cuya Lavy: (i) Adopt legislative, normative, administrative and practical
measures that guarantee due process within the framework of the evaluation and
ratification processes of judges, adapted to the guarantees and rights established
in the American Convention and international instruments; (ii) Adopt objective and
proportional criteria for evaluation, based on a legal review, previously specifying
in the applicable regulations the offenses that give rise to the disapproval or nonratification of the position of judge and the positions on which the defense relies ;
(iii) Have recourse to appeal to a higher authority in the evaluation or sanctioning
processes, in order to guarantee a second review by a higher court, without
prejudice to the judicial remedy for possible violations of due process, all of the
conditions provided for in the internal regulations; (iv) Ensure that judicial remedy
regarding ratifications is accessible and simple and allows a substantive
pronouncement, simplifying cases of inadmissibility for processing, and (v) Establish
that the effects of the non-ratification of a judge or prosecutor have temporary and
reasonable effectiveness (maximum 5 years, considering international standards),
in such a way as to guarantee access to public office, at the same time suppressing
its permanent effects.
b)
Mr. Valenzuela Cerna: Adopt measures regarding the evaluation of magistrates
to guarantee a disciplinary regime for judges in accordance with international standards
on the matter, as well as establish objective regulations regarding the evaluation process
of members of the judiciary, ensuring that these are related to the performance of the
work, leaving aside personal and subjective aspects of each magistrate. In addition, they
requested guarantee of the right to stability in office, as well as respect for political rights
202.
The State argued the following:
a)
Regarding Mr. Cuya Lavy: (a) It alleged that it has been proven that the
ratification procedure is (currently) compatible with inter-American standards and with the
guarantees of judicial independence; (b) It indicated that ratification is not an arbitrary
procedure, but rather obeys criteria of suitability and good conduct that judges and
prosecutors must observe; (c) The current development of the evaluation and ratification
procedure considers the existence of a reconsideration remedy and commented that the
effectiveness of the writ of amparo was demonstrated to guarantee that the adoption of
ratification decisions is in accordance with the guarantees of due process, and (d) It
reiterated that, through the case law of the Constitutional Court, it had been determined
that the ratification process does not entail a sanction and the prohibition of re-entry to
the career of judges or prosecutors was annulled.
b)
Regarding Mr. Valenzuela Cerna: it clarified that the evaluation measures are
not related to the disciplinary procedures of judges and prosecutors, but to the evaluation
and ratification procedure, which is provided with guarantees of due process.
203. The Court recalls that Article 2 of the Convention obliges the States Parties to adopt, in
accordance with their constitutional procedures and the provisions of the Convention, the
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