it is not possible to clarify a ruling that does not exist.”
144. The State argued that, owing to their content, Judgments Nos. 951 and 952 “constituted
an excess” and this had led the Supreme Court, in exercise of its authority, to issue Resolution
No. 2382, in which it declared that they were null and void. The State indicated that the facts
proved that “the remedy available against the Senate’s decision was implemented and used
by the petitioners,” even though the respective procedure “was excessively delayed by the
successive disqualifications of the justices.”
B. Considerations of the Court
145. This Court has indicated that the judicial guarantees contained in Article 8(1) of the
Convention are closely linked to due process of law, which includes the conditions necessary
to ensure the adequate defense of those whose rights or obligations are under consideration
by the courts.149 In addition, Article 25 of the Convention establishes the obligation of States
Parties to ensure to all persons subject to their jurisdiction a simple, prompt and effective
remedy before a competent judge or court against acts that have violated their fundamental
rights.150 Thus, Articles 8, 25 and 1 of the Convention are interrelated insofar as “effective
judicial remedies […] must be substantiated in accordance with the rules of due process of
law, […] in keeping with the general obligation of [the] States to guarantee the free and full
exercise of the rights recognized by the Convention to all persons subject to their jurisdiction
(Art. 1(1)).”151
146. The Court has also considered that the effectiveness of the remedies should be assessed
in each specific case taking into account whether “there were domestic mechanisms that
ensured real access to justice to claim reparation for the violation.”152
147. The facts described in the instant case require the Court to make an analysis of the
arguments of the parties and the Commission in the following order: (a) the effectiveness of
the judicial actions filed by the presumed victims to claim the protection of their rights, in
relation to judicial independence and (b) the guarantee of a reasonable time in processing and
deciding the judicial actions filed by the presumed victims.
B.1. The effectiveness of the judicial actions filed by the presumed victims to
claim the protection of their rights, in relation to judicial independence
148. This Court’s consistent case law has indicated that two specific State obligations can be
identified under Article 25 of the Convention. The first consists in the obligation to establish
by law and to ensure the due application of effective remedies before the competent
authorities that protect all persons subject to their jurisdiction against acts that violate their
fundamental rights or that result in the determination of their rights and obligations. The
second is the obligation to ensure the means to execute the respective decisions and final
Cf. Judicial Guarantees in States of Emergency (Arts. 27.2, 25 and 8 American Convention on Human Rights).
Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 28; Case of the Constitutional Court v. Peru,
supra, para. 73, and Case of the Workers of the Fireworks Factory of Santo Antônio de Jesus v. Brazil. Preliminary
objections, merits, reparations and costs. Judgment of July 15, 2020. Series C No. 407, para. 216.
150
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 Cordero Bernal v. Peru, supra, para. 71.
151
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections. Judgment of June 26, 1987. Series C
No. 1, para. 91, and Case of Guerrero, Molina et al. v. Venezuela. Merits, reparations and costs. Judgment of June 3,
2021. Series C No. 424, para. 136.
152
Cf. Caso Goiburú et al. v. Paraguay. Merits, reparations and costs. Judgment of September 22, 2006. Series
C No. 153, para. 120, and Case of the Workers of the Fireworks Factory of Santo Antônio de Jesus v. Brazil, supra,
para. 217.
149
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