119. The victim then filed an appeal in which he reiterated the argument of the violation of
the rights to work, due process and “not to be removed from office.”120 The Civil Chamber of
the Superior Court of Justice of Ayacucho confirmed the appealed ruling on the grounds that
the presumed victim sought to allege “rights that correspond[ed] to career prosecutors” when
the appellant had occupied “an appointment of trust”; that is, “a temporary post.”121
120. Mr. Casa Nina lodged an appeal before the Constitutional Court repeating his previous
arguments, and adding that the Prosecutor General’s decision lacked a statement of reasons
and he had not been able “to be heard or to know the charges against him.”122 The First
Chamber of the Constitutional Court ruled declaring the complaint unsubstantiated because
the victim, in light of the provisional, interim or transitory nature of his appointment, could
not claim “the protection of rights that do not correspond to the person who has not been
appointed pursuant to the provisions of articles 150 and 154 of the Constitution.”123
121. The foregoing reveals that the different jurisdictional organs that heard the actions and
remedies filed by Mr. Casa Nina rejected the issues raised based on two specific reasons: (i)
the provisional nature of the victim’s appointment, which determined that he was unable to
claim the protection of rights that only corresponded to career prosecutors, and (ii) the nonpunitive nature of the decision issued, which made the guarantees argued by the victim
inapplicable.
122. As has been asserted in this judgment, the provisional nature of the appointment of
prosecutors does not equal their discretionary removal; to the contrary, the safeguard of the
independence of such agents of justice requires, precisely, a certain stability and permanence
in office, until the resolutive condition that ends the designation is verified (supra para. 81).
123. Therefore, in this specific case, the courts that heard the actions filed by the victim did
not address his specific claim regarding his right to stability in office given his condition as a
provisional prosecutor and, thus, they did not provide effective protection in response to the
claim due to the violation caused.
124. Consequently, the judicial remedies filed by Mr. Casa Nina to protect his rights (supra
paras. 118, 119 and 120) were ineffective, because the different judicial authorities reiterated
the argument that, owing to the provisional nature of his appointment, he did not enjoy any
type of stability, which is contrary to the guarantees that prosecutors should enjoy, even when
their appointment is provisional.
125. Consequently, the Court considers that the State is responsible for the violation of Article
25(1) of the Convention, in relation to Article 1(1) of this instrument, to the detriment of Julio
Casa Nina.
IX
REPARATIONS
Cf. Judgment delivered by the Civil Chamber of the Superior Court of Justice of Ayacucho on July 11, 2005
(evidence file, volume I, annex 8 to the Merits Report, folios 29 and 30).
120
Cf. Judgment delivered by the Civil Chamber of the Superior Court of Justice of Ayacucho on July 11, 2005
(evidence file, volume I, annex 8 to the Merits Report, folios 29 and 30).
121
Cf. Judgment delivered by the First Chamber of the Constitutional Court on November 14, 2005 (evidence file,
volume I, annex 9 to the Merits Report, folios 29 and 30).
122
Cf. Judgment delivered by the First Chamber of the Constitutional Court on November 14, 2005 (evidence file,
volume I, annex 9 to the Merits Report, folios 29 and 30).
123
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