52
168. Finally, the Commission takes into account that Article 31 of the Regulations of the
Judicial Carrer Council expressly forbids remedies to challenge decisions of the Judicial Carrer Council.
This is another manifestation of the lack of access to judicial protection in this case.
C.
Principle of Freedom from Ex Post Facto Laws
169.
Article 9 of the American Convention provides that:
No one shall be convicted of any act or omission that did not constitute a criminal
offense, under the applicable law, at the time it was committed. A heavier penalty shall
not be imposed than the one that was applicable at the time the criminal offense was
committed. If subsequent to the commission of the offense the law provides for the
imposition of a lighter punishment, the guilty person shall benefit therefrom.
170.
Article 1(1) of the American Convention reads as follows:
The States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and
full exercise of those rights and freedoms, without any discrimination for reasons of
race, color, sex, language, religion, political or other opinion, national or social origin,
economic status, birth, or any other social condition.
171.
Article 2 of the American Convention states that:
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already
ensured by legislative or other provisions, the States Parties undertake to adopt, in
accordance with their constitutional processes and the provisions of this Convention,
such legislative or other measures as may be necessary to give effect to those rights or
freedoms.
1.
Observations on the principle of freedom from ex post facto laws in the context of
disciplinary proceedings
172. The principle of freedom from ex post facto laws, or principle of legality, is one of the
pre-eminent principles governing the conduct of all organs of the State in their respective areas of
competence, particularly in the exercise of punitive authority.261 By virtue of the principle of legality, the
definition of an act as unlawful and the determination of its legal effects must precede the conduct of
the subject regarded as the offender.262 The principle requires a clear definition of the punishable
261
I/A Court H.R. Case of Ricardo Canese v. Paraguay. Judgment of August 31, 2004. Series C No. 111. Paragraph 176.
Citing: I/A Court H.R., Case of Baena Ricardo et al. v. Panama. Merits, Reparations and Costs. Judgment of February 2, 2001.
Series C No. 72, paragraph 107.
262
I/A Court H.R. Case of Baena Ricardo et al. v. Panama. Merits, Reparations and Costs. Judgment of February 2,
2001. Series C No. 72, paragraph 106. Citing. Eur. Court H.R., Ezelin judgement of 26 April 1991, Series A no. 202, para. 45; and
Eur. Court H.R. Müller and Others, judgement of 24 May 1988, Series A no. 133, para. 29.