169.
That Court also established that:
A direct relationship between the Inter-American Court of Human Rights and this
Constitutional Court is revealed; a relationship which is twofold: on the one hand,
reparatory, because when the fundamental right violated is interpreted in light of the
decisions of the Court, the possibility of providing adequate and effective protection is
optimized; and, on the other hand, preventive, because, by respecting it, the harmful
institutional consequences that the adverse judgments of the Inter-American Court of
Human Rights have for the legal certainty of the Peruvian State are avoided.200
170. The Argentine Supreme Court of Justice of the Nation has indicated that the
decisions of the Inter-American Court “are binding for the Argentine State (Art.
68(1) of the ACHR)”; consequently, the Supreme Court has established that “in
principle, it must subordinate the content of its decisions to those of the said
international court.”201 Also, this Supreme Court has established “that the
interpretation of the American Convention on Human Rights must be guided by the
case law of the Inter-American Court of Human Rights,” because “this is an
obligatory interpretive standard for the Argentine authorities within their sphere of
jurisdiction and, consequently, also for the Supreme Court of Justice of the Nation
in order to safeguard the obligations assumed by the Argentine State under the
inter-American system for the protection of human rights.”202
171. Furthermore, the Constitutional Court of Colombia has stated that, since the
Colombian Constitution indicates that constitutional rights and obligations must be
interpreted “in accordance with the international human rights treaties ratified by
Colombia,” it follows “that the case law of the international courts that are
responsible for interpreting those treaties constitutes a relevant hermeneutic
criterion for establishing the meaning of the constitutional provisions on
fundamental rights.” 203
172. In conclusion, irrespective of the legal reforms that the State must adopt
(supra para. 162), judicial interpretations regarding judicial guarantees and other
rights of provisional and temporary judges must be made in light of judicial
independence, harmonizing them with the principles established in this Court’s case
law that have been reiterated in this case. Based on control of compliance with the
Convention, it must be established that the competent authority shall examine the
facts that entail annulling appointments, and removing or dismissing temporary or
provisional judges in a procedure in which the person concerned can exercise his or
her right of defense; that the obligation to provide a reasoned decision is respected,
and that access is granted to an effective remedy, guaranteeing due permanence in
the post.
4.
Other measures of reparation requested
173. The representatives required, as a means of reparation, that the State
“refrain from taking any measure of retaliation or revenge against [the victim] or
her lawyers, so that all the obligations” ordered by the Court “are complied with in
good faith and in a timely manner.”
200
Cf. Judgment 00007-2007-PI/TC handed down by the Plenum of the Constitutional Court of
Peru on June 19, 2007 (Callao Bar Association v. Congress of the Republic), twenty-sixth consideration.
201
Judgment delivered by the Argentine Republic Supreme Court of Justice of the Nation on
December 23, 2004 (file 224. XXXIX), “Espósito, Miguel Angel re. expiry of the statute of limitations on
the criminal action, filed in his defense,” sixth consideration.
202
Judgment of the Argentine Supreme Court of Justice of the Nation, Mazzeo Lilo et al., remedy of
cassation and unconstitutionality. M. 2333. XLII. et al., of July 13, 2007, para. 20.
203
Judgment C-010/00 delivered by the Constitutional Court of Colombia on January 19, 2000,
para. 6.
51
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