21
80.
In the case of Reverón Trujillo v. Venezuela, the Inter-American Court specified the
content of these guarantees and their implications for state decisions on the organization of public
power. Specifically, regarding the existence of appropriate appointment procedures, the Court listed
several applicable international rulings:
The Basic Principles highlight as preponderant elements in the appointment of judges their
integrity, ability with appropriate training or qualifications in law. 70 Likewise, the
Recommendations of the Council of Europe evoke a framework criterion of usefulness in this
analysis when it states that all the decisions regarding the professional career of the judges
shall be based on objective criteria, namely the judge’s personal merits, his qualifications,
integrity, ability, and efficiency, all of which are the preponderant elements to be
considered. 71
(…)
The Human Rights Committee has stated that if the access to the public administration is
based on merits and equal opportunities, and the stability in the position can be ensured, the
liberty from all political interference or pressure is guaranteed. 72 In a similar sense, the Court
points out that all appointment processes shall serve the purpose not only of appointment
according to merits and qualifications of those who aspire, but to assurance of equal
opportunities in the access to the Judicial Power. Therefore, the judges must be selected
exclusively based on their personal merits and professional qualifications, through objective
selection and continuance mechanisms that take into account the peculiarity and specific
nature of the duties to be fulfilled. 73
81.
Regarding fixed terms in office, the Court noted Nos. 11, 12, 13, 18, and 19 of the
Basic Principles on the Independence of the Judiciary and referred to the rulings of the Human
Rights Committee in the following terms:
The Basic Principles state that “the term of office of judges shall be adequately secured by
law” 74 and that “judges, whether appointed or elected, shall have guaranteed tenure until a
mandatory retirement age or the expiry of their term of office, where such exists.” 75
On the other hand, the Universal Principles also state that “promotion of judges, wherever
R., Case of Reverón Trujillo v. Venezuela, Preliminary Objection, Merits, Reparations, and Costs, Judgment of June 30, 2009, Series C No. 197,
para. 70; Case of the Constitutional Court v. Peru, Merits, Reparations, and Costs, Judgment of January 31, 2001, Series C No. 71, para. 75; and
Case of Palamara Iribarne v. Chile, Merits, Reparations, and Costs, Judgment of November 22, 2005, Series C No. 135, para. 156; ECHR,
Langborger Case, Decision of January 27, 1989, Series A No. 155, para. 32; ECHR, Campbell and Fell, Judgment of June 28, 1984, Series A
No. 80, para. 78; and ECHR, Piersack, Judgment of October 1, 1982, Series A No. 53, para. 27. Nos. 2, 3, and 4 of the Basic Principles on the
Independence of the Judiciary.
70
I/A Court H. R., Case of Reverón Trujillo v. Venezuela, Preliminary Objection, Merits, Reparations, and Costs, Judgment of June
30, 2009, Series C No. 197, para. 71. Citing: No. 10 of the Basic Principles on the Independence of the Judiciary.
71
I/A Court H. R., Case of Reverón Trujillo v. Venezuela, Preliminary Objection, Merits, Reparations, and Costs, Judgment of June
30, 2009, Series C No. 197, para. 71. Citing: Principle I.2.c of Recommendation No. R (94) 12 of the Committee of Ministers to the Member
States on the Independence, Efficiency, and Role of Judges adopted by the Committee of Ministers on October 13, 1994, at the 518th meeting of
Ministers’ Deputies.
72
I/A Court H. R., Case of Reverón Trujillo v. Venezuela, Preliminary Objection, Merits, Reparations, and Costs, Judgment of June
30, 2009, Series C No. 197, para. 72. Citing: United Nations, Human Rights Committee, General Comment No. 32, Article 14: Right to Equality
before Courts and Tribunals and to a Fair Trial, CCPR/C/GC/32, August, 23 2007, para. 19.
73
I/A Court H. R., Case of Reverón Trujillo v. Venezuela, Preliminary Objection, Merits, Reparations, and Costs, Judgment of June
30, 2009, Series C No. 197, para. 72.
74
I/A Court H. R., Case of Reverón Trujillo v. Venezuela, Preliminary Objection, Merits, Reparations, and Costs, Judgment of June
30, 2009, Series C No. 197, para. 75. Citing: No. 11 of the Basic Principles on the Independence of the Judiciary.
75
I/A Court H. R., Case of Reverón Trujillo v. Venezuela, Preliminary Objection, Merits, Reparations, and Costs, Judgment of June
30, 2009, Series C No. 197, para. 75. Citing: No. 12 of the Basic Principles on the Independence of the Judiciary.