140. Consequently, I consider that the Inter-American Court should have declared the State responsible for the violation of Article 9 of the American Convention, because it failed to respect the principle of legality in the impeachment proceedings conducted against the victims who were members of the Constitutional Tribunal. And, evidently, this constituted an additional factor for finding that the political authorities had clearly violated the institutional aspect of judicial independence in the instant case. Eduardo Ferrer Mac-Gregor Poisot Judge Pablo Saavedra Alessandri Secretary meaning […]. To render the protection offered by Article 7 effective, the Court must remain free to go behind appearances and assess for itself whether a particular measure amounts in substance to a “penalty” within the meaning of this provision” (Cf. ECHR, Case of Scoppola v. Italy (no. 2), Judgement of 17 September 2009, No. 10249/03, para. 96; Case of Welch v. the United Kingdom, Judgement of 9 February 1995, Series A no. 307-A, para. 27). 42