- 62 VII-2 JUDICIAL GUARANTEES, JUDICIAL PROTECTION AND POLITICAL RIGHTS, IN RELATION TO THE OBLIGATION TO RESPECT AND ENSURE RIGHTS AND THE OBLIGATION TO ADOPT DOMESTIC LEGAL PROVISIONS 187. The Commission and the representatives alleged a series of violations of the judicial guarantees (Article 8 of the Convention),338 the right to judicial protection (Article 25 of the Convention),339 and the political rights (Article 23 of the Convention)340 of the presumed victims, in the context of the disciplinary proceedings to which they were subjected. 188. Notwithstanding the Court’s findings in relation to the violations of the political rights, freedom of expression, right of assembly and freedom of association of the presumed victims analyzed in Chapter VII-1 supra, in this Chapter the Court will determine whether, in the context of the said disciplinary proceedings, there were violations of the presumed victims’ guarantees of due process and right to judicial protection, established in Articles 8(1) and 25 of the Convention, as well as their right to have access, under general conditions of equality, to public service, recognized in Article 23(1)(c) of the American Convention. 189. Based on the arguments presented by the parties and the Commission, the Court will first make some (A) general considerations on the guarantees of due process and judicial protection in the context of disciplinary proceedings against judges; it will then analyze, specifically, (B) the guarantees of competence, independence and impartiality of the disciplinary authorities, and (C) the right to tenure, under general conditions of equality, in order to establish its (D) conclusions with regard to the guarantees of due process and the political rights of the presumed victims. The Court will then include some pertinent considerations on (E) the other violations that have been alleged concerning due process in the disciplinary proceedings instituted against the presumed victims, and (F) the right to judicial protection. A. General considerations of the Court on the guarantees of due process and judicial protection in the context of disciplinary proceedings against judges 190. The Court’s case law has indicated that the scope of judicial guarantees and effective judicial protection for judges must be analyzed in relation to the standards for judicial independence. In the case of Reverón Trujillo v. Venezuela, the Court specified that judges, contrary to other public officials, have specific guarantees owing to the necessary independence of the Judiciary, which the Court has understood to be “essential for the exercise of judicial functions.”341 338 Article 8(1) of the American Convention (judicial guarantees) establishes that: “[e]very person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature.” 339 Article 25(1) of the American Convention establishes that: “[e]veryone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties”. 340 Article 23(1)(c) of the American Convention establishes that: “[e]very citizen shall enjoy the following rights and opportunities: […] to have access, under general conditions of equality, to the public service of his country.” 341 Cf. Case of Reverón Trujillo v. Venezuela, supra, para. 67, and Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of August 28, 2013. Series C No. 268, para. 188.

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