21 constitution or law.76 Additionally, the Committee has expressed that “[t]he dismissal of judges by the [E]xecutive [P]ower before the expiration of the term of office for which they were appointed, without giving them a specific reason and without having an effective judicial protection to appeal the dismissal, is not compatible with judicial independence.77 78. This Tribunal has accepted these principles and has stated that the authority in charge of the process for the dismissal of a judge shall be allowed to act independently and impartially in the proceedings established for that effect and allow the exercise of the right to a defense.78 This is so since the free removal of judges foments an objective doubt in the observer regarding the effective possibility they may have to decide specific controversies without fearing the retaliation.79 79. From all this it can be concluded that tenure is a guarantee of the judicial independence that at the same time is made up by the following guarantees: continuance in the position, an adequate promotions process, and no unjustified dismissals or free removal. This means that if the State does not comply with one of these guarantees, it affects the tenure and, therefore, it is not complying with its obligation to guarantee judicial independence. iii) guarantee against external pressures 80. The Basic Principles state that the judges will decide the matters brought before them “on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.” 80 Likewise, said principles state that the judiciary “shall have jurisdiction over all issues of a judicial nature and shall have exclusive authority to decide whether an issue submitted for its decision is within its competence as defined by law” 81 and that “[t]here shall not be any inappropriate or unwarranted interference with the judicial process.”82 * * * 81. As can be observed, judges have several guarantees that reinforce their stability in their position in seeking to guarantee their independence and that of the system, as well as the appearance of independence with regard to the parties and society. As has been acknowledged in the past by this Tribunal, the guarantee of tenure shall operate so as to allow the reinstatement to the condition of judge to 76 Cf. United Nations, Human Rights Committee, General Comment No. 32, Article 14, supra note 71, para. 20. 77 Cf. United Nations, Human Rights Committee, General Comment No. 32, Article 14, supra note 71, para. 20. 78 Cf. Case of the Constitutional Court v. Peru, supra note 58, para. 74 and Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra note 58, para. 44. 79 Case of Apitz Barbera et al. (First Court of Administrative Disputes) v. Venezuela, supra note 58, para. 44. See also Principles 2, 3, and 4 of the Basic Principles of the United Nations, supra note 65. 80 Cf. Principle 2 of the Basic Principles of the United Nations, supra note 65. 81 Cf. Principle 3 of the Basic Principles of the United Nations, supra note 65. 82 Cf. Principle 4 of the Basic Principles of the United Nations, supra note 65.

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