36
perceived.
*
*
*
129. The representatives have also stated that the alleged situation of a generalized
provisional nature and the consideration of the judges as officials of a free
appointment and removal “has implied hundreds of summary dismissals, many of
which obey clear political and economical nuances.”
130. In this sense, the Tribunal points out that the facts of the present case do not
prove that Mrs. Reverón Trujillo was dismissed in a summary manner due to political
and economic interests.158 Therefore, the Tribunal considers that it is not appropriate
to analyze those arguments.
VII
ARTICLE 23(1)(C) (RIGHT TO PARTICIPATE IN GOVERNMENT)159 IN
RELATION TO ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS)
131. The representatives indicated that Mrs. Reverón Trujillo “suffered an unequal
treatment with regard to her right to enter and remain in her public duties, since
upon being denied the full reinstatement of her juridical situation that was violated,
upon dismissing her reinstatement into the position and payment of the benefits she
did not perceive, she was prevented from participating in the ‘regularization’ process
that could have granted her the ‘entitlement’.”
132. The State mentioned that the representatives “altered the content of Article
23(1)(c) of the Convention by including in it an alleged right of continuance in equal
conditions, in the public service of a country, which in itself determines the
inadmissibility of the alleged violation.” It added that Mrs. Reverón Trujillo “was
empowered to participate in the competitive tenders summoned within the
framework of the [PET] and she did not participate in them because of her own
decision not to.”
133. To this last argument of the state the representatives responded, inter alia,
that the publications made within the framework of the PET did not establish that the
judges who had been dismissed or that were part of a group different to those
summoned could participate in that process.
134. The Inter-American Commission did not argue the violation of Article 23 in the
present case. Additionally, even though in Admissibility Report No. 60/06 that body
considered that the case of Mrs. Reverón Trujillo characterized a possible violation of
158
In a similar sense the Tribunal has previously stated that “[t]he object of the Court's contentious
jurisdiction is not to review national legislations in their abstract conception, but to resolve specific cases
where it may be alleged that an act of a State carried out against certain individuals is contrary to the
Convention.” (Cf. Case of Genie Lacayo v. Nicaragua. Preliminary Objections. Judgment of January 27,
1995. Series C No. 21, para. 50, highlighted text not from the original).
159
Article 23(1) establishes, in what is relevant, that:
Every citizen shall enjoy the following rights and opportunities:
[…]
c) to have access, under general conditions of equality, to the public service of his country.
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