in observance of the criterion indicated in the previous paragraph, the Commission considers that the State
also violated Article 23(1)(c) of the American Convention, to the detriment of Norka Moya Solís.
73.
By virtue of the foregoing, the Commission finds that the State violated Article 23(1)(c) of the American
Convention, in relation to Article 1(1) of the same instrument, to the detriment of Norka Moya Solís.
V.
CONCLUSIONS AND RECOMMENDATIONS
74.
The Commission concludes that the Peruvian State is responsible for violating the rights established at
Articles 8(1), 8(2)(b), 8(2)(c) (judicial guarantees), 9 (freedom from ex post facto laws), 23(1)(c) (political
rights), and 25(1) (judicial protection) of the American Convention on Human Rights, in relation to the
obligations established at Articles 1(1) and 2 of the same instrument.
75.
Based on the analysis and conclusions of this report,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS TO THE STATE OF PERU:
1.
To reinstate Norka Moya Solís, if that is what she wishes, in a position similar to that which she held in
the Judicial Branch, with the same remuneration, social benefits and rank adjusted to what would correspond
to her today had she not been removed. If for well-founded reasons reinstatement is not possible, to pay an
alternate form of compensation.
2.
To make full reparation for the violations of rights found in this report, including both the material and
non-material aspects.
3.
To order the measures of non-repetition needed to ensure that the processes for ratification of public
servants in the Judicial Branch, as a matter of law and practice: (i) duly regulate the errors or omissions
committed that give rise to the non-ratification of a public servant of the Judicial branch, based on objective
criteria, and proportionally; and (ii) allow the public servant subjected to the process to be able to defend
himself or herself in the face of the specific charges against him or her, in light to those objective criteria, and
to have an effective remedy to amend possible due process violations.