constitute an assessment of Scot Cochran’s criminal responsibility, because “it merely noted the concurrence of the procedural causes to issue the measure, which in no way compromised impartiality.” It also argued that Judge LGBG formed part of a collegiate court, which also consisted of two other judges and that the judgement handed down was based on that court’s unanimous ruling. B. Considerations of the Court 117. The Court has reiterated that, to be impartial, the judicial authority responsible for deciding a case must approach the facts of the case objectively and free of all prejudice and also offer sufficient objective guarantees to exclude any doubt as to a lack of impartiality.153 Judges must act only in accordance with – and on the basis of – the law.154 As part of this guarantee of impartiality, the members of a court should neither have a direct interest, a preconceived position, or a preference for any of the parties, nor be involved in the dispute.155 118. The Court has also determined that personal or subjective impartiality should be presumed unless there is evidence to the contrary. This evidence could, for example, be some demonstration of the partiality or the prejudices that the members of the court have against the litigants. The evidence must be objective because it is necessary to determine whether the authority challenged “has provided guarantees sufficient to exclude any legitimate doubt” or well-grounded suspicion regarding his partiality.156 The Court has also indicated that, as a procedural instrument, the challenge mechanism protects the right to be tried by an impartial organ, and its purpose is to guarantee the credibility of the judge and of the role performed by the jurisdiction.157 119. The Court has been able to verify that: (i) on January 20, 2003, Judge IBA, in charge of the Special Criminal Court of San José, issued the ruling that imposed six months pre-trial detention on Scot Cochran;158 (ii) on July 17, 2003, Judge FSF, criminal judge of the Criminal Trial Court of the First Judicial Circuit of San José, extended the pre-trial detention of the alleged victim for three months;159 (iii) on August 11, 2003, Judge LGBG, criminal judge of the Criminal Trial Court of the First Judicial Circuit of San José, decided an appeal filed against the extension of the precautionary measure that had been imposed and confirmed the said measure;160 (iv) according to the judgment of August 17, 2004, in which Scot Cochran was declared responsible for numerous Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela. Preliminary objection, Merits, reparations and costs. Judgment of August 5, 2008. Series C No. 182, para. 56, and Case of Nissen Pessolani v. Paraguay. Merits, reparations and costs. Judgment of November 21, 2022. Series C No. 477, para. 64. 153 Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra, para. 56, and Case of Nissen Pessolani v. Paraguay, supra, para. 64. 154 Cf. Case of Palamara Iribarne v. Chile. Merits, reparations and costs. Judgment of November 22, 2005. Series C No. 135, para. 146, and Case of Nissen Pessolani v. Paraguay, supra, para. 64. 155 156 Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra, para. 56, and Case of Nissen Pessolani v. Paraguay, supra, para. 65. 157 Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra, para. 63, and Case of Nissen Pessolani v. Paraguay, supra, para. 65. Cf. Ruling of the Criminal Court of San José, at 6:55 p.m. on January 20, 2003, ordering six-months pre-trial detention for Scot Cochran (evidence file, folios 42 to 49). 158 159 Cf. Ruling of the Criminal Court of the First Judicial Circuit of San José of July 17, 2003, extending the pre-trial detention for three more months (evidence file, folios 51 to 53). 160 Cf. Ruling No. 235-03 of the Criminal Trial Court of the First Judicial Circuit of San José of August 11, 2003, confirming the ruling appealed (evidence file, folios 55 to 58). 34