system, as these institutions are part of the very backbone of the electoral system and are the mechanism for judicial review that guarantees the conduct of free, fair, dependable elections. The protection and preservation of independence for electoral tribunals prevents branches of government, especially the executive, from interfering unduly in the mechanisms of judicial review that safeguard the exercise of political rights, both for voters and for candidates in electoral contests. This is why the protection of judicial independence for electoral organizations serves as a guarantee for the exercise of political rights, that is, the right to have effective participation in the leadership of public matters, to vote, to be elected, and to have generally equal access to public office. 71. The Court therefore finds that the mechanism for selection and dismissal of electoral judges must be consistent with the overall democratic political system.71 The violation of independence for the electoral courts undermines not only electoral justice, but also the effective exercise of representative democracy, which is the foundation of the rule of law.72 When other branches of government take over electoral organizations, the institutional framework of democracy is undermined across the board, which poses a risk for the control of political power and the guarantee of human rights, as it debilitates the institutional guarantees that provide controls over the arbitrary exercise of power. Judicial mechanisms able to safeguard the protection of political rights cease to exist, which is why guarantees of irremovability and stability of electoral judges must be buttressed. The Court therefore deems that any weakening or regression in the guarantees of independence, stability and irremovability of electoral tribunals is a violation of the Convention, as it could produce a systematic, similarly regressive impact on the rule of law, institutional guarantees, and the exercise of fundamental rights overall. The protection of judicial independence in this sphere is particularly critical today, given current trends in the world and the region toward erosion of democracy, where formal powers are being used to promote anti-democratic values, hollowing out institutions and leaving only their appearance intact. 72. The Court cautions, in this regard, that the United Nations Human Rights Committee has stated in General Comment No. 25 on the right to participate in public affairs and the right to vote that there should be “independent scrutiny of the voting and counting process and access to judicial review or other equivalent process so that electors have confidence in the security of the ballot and the counting of the votes.”73 Moreover, the Venice Commission’s Code of Good Practice in Electoral Matters states that the protection of political rights requires the presence of an effective system of Article 4 of the Inter-American Democratic Charter states: “Transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy. The constitutional subordination of all state institutions to the legally constituted civilian authority and respect for the rule of law on the part of all institutions and sectors of society are equally essential to democracy.” Cf. General Assembly of the OAS, Inter-American Democratic Charter, Resolution AG/RES. 1 (XXVIII-E/0(1), September 11, 2001. 71 Article 2 of the Inter-American Democratic Charter states: “The effective exercise of representative democracy is the basis for the rule of law and of the constitutional regimes of the member states of the Organization of American States. Representative democracy is strengthened and deepened by permanent, ethical, and responsible participation of the citizenry within a legal framework conforming to the respective constitutional order.” Cf. General Assembly of the OAS, Inter-American Democratic Charter, Resolution AG/RES. 1 (XXVIII-E/0(1), September 11, 2001. 72 73 Cf. Human Rights Committee, General Comment No. 25 (57), August 27, 1996, adopted pursuant to Article 40(4) of the International Covenant on Civil and Political Rights (CCPR/C/21/Rev.1/Add.7), para. 20. 24