about when and how the re-opening of a vote in a parliamentary entity should be carried
out, the Court finds it necessary to underline that, in an impeachment proceeding, there
must be clarity as to when it starts and when it ends.
186. In this case, the information provided to the Court only allows it to conclude that the
vote conducted on December 8, 2004, re-opened an impeachment proceeding that had
already been finalized. Indeed, on December 2, 2004, the Secretariat of the Congress
issued an explicit certification214 in which it indicated that it had not been approved and that
it had been declared that the motions of censure had been rejected. Consequently, it can be
affirmed that, according to domestic law, the procedural requirements had been met to
consider that the impeachment proceeding had ended. Subsequently, a call to special
sessions was used to re-open the vote, even though it had already been held.
Consequently, this re-opening of the vote signified a new proceeding and the violation of the
guarantee of “ne bis in idem.”
187.
Furthermore, since a new proceeding was held, the obligation arose to hear the
presumed victims as pertinent. In this regard, the Court notes that the judges were not
notified about the session of December 8, 2004, in which it was decided to hold a second
vote on the motions of censure (supra para. 90). Consequently, the judges had no
opportunity to intervene in the proceeding on December 8, 2004, to have their arguments
heard on the legality of this session and, specifically, on the legality of holding a second
vote on the motions, or to exercise their right of defense and, thereby, to be able to
influence a vote that signified their removal.
3.
3.1.
Judicial independence
General standards of judicial independence
188. In this section, the Court will summarize its case law on the principle of judicial
independence. The Court’s case law has indicated that the scope of real judicial guarantees
and of judicial protection for judges must be examined in relation to the standards of
judicial independence. In the case of Reverón Trujillo v. Venezuela, the Court stipulated that
judges, contrary to other public officials, have specific guarantees owing to the necessary
independence of the Judiciary, which the Court has understood to be “essential for the
exercise of the judicial function.”215 The Court reiterated that one of the main objectives of
the separation of the public powers is to guarantee the independence of judges. 216 The
objective of protection stems from the need to avoid the judicial system, in general, and its
members, in particular, being subjected to possible undue constraints in the exercise of
their function by organs outside the Judiciary or even by those judges who exercise review
or appeal functions.217 According to the case law of this Court and of the European Court of
Human Rights, as well as according to the United Nations Basic Principles on the
214
Cf. National Congress, Certification of the Secretary General of the National Congress issued on December
2, 2004, Note No. 371-HAV-CN-2004 (file of annexes to the report, tome II, folio 647).
215
Case of Reverón Trujillo v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of
June 30, 2009. Series C No. 197, para. 67, citing Case of Herrera Ulloa v. Costa Rica. Preliminary objections,
merits, reparations and costs. Judgment of July 2, 2004. Series C No. 107, para. 171, and Case of Palamara
Iribarne v. Chile. Merits, reparations and costs. Judgment of November 22, 2005. Series C No. 135, para. 145.
216
Cf. Case of the Constitutional Court v. Peru, para. 73, and Case of Atala Riffo and daughters v. Chile.
Merits, reparations and costs. Judgment of February 24, 2012. Series C No. 239, para. 186.
217
Cf. Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of August 5, 2008. Series C No. 182, para. 55, and Case of
Atala Riffo and daughters v. Chile, para. 186.
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