100.
As regards the right to an independent tribunal, the Commission sees that the Argentine
State explained that the Impeachment Jury is an organ of a political nature. Indeed, in terms of its
composition, 5 of its 11 members have to be senators who meet certain requirements. The Commission
considers the legislative branch having a decisive say in punitive proceedings against judges to be
problematic and as constituting, per se, a source of risk to the independent exercise of such a function, since
such proceedings do not offer the proper institutional guarantees or suitability that the judiciary would.
However, both the Commission and the Court have taken up cases in which the legislative branch has been
granted material adjudicatory authority in punitive proceedings against judges. In those cases, the analysis as
to whether or not it acted independently was conducted taking into account the circumstances of each
specific case.76 Thus, the Commission considers that, notwithstanding the aforementioned risks, in the instant
case the petitioner merely indicated that the San Isidro Bar Association had an interest in harming him in
reprisal for the accusations of corruption that he leveled at his peers on the court on which he sat. However,
the IACHR has no additional elements by which to infer the above. At the same time, the petitioner indicated
in general terms that because of the way in which they are appointed, members of the Impeachment Jury are
not shielded from external pressures. However, he does not explain what type of pressures might have been
exerted upon them or how they might have influenced the decision.
101.
In light of the foregoing, the Commission concludes that in the circumstances of this case the
Argentine State did not violate the right to a competent, independent tribunal.
2.
Regarding the right to an impartial tribunal
102.
In disciplinary proceedings instituted by the legislative branch, the guarantee of impartiality
(Article 8(1) of the Convention) remains wholly applicable since the decisive aspect for determining the
respective guarantees is the punitive nature of the power being exercised by the authority in question. The
guarantee of impartiality entails that the members of the Impeachment Jury “have no direct interest in, a preestablished viewpoint on, or a preference for one of the parties, and that they are not involved in the
controversy.”77 When impartiality is being determined, regard must be had, from a subjective standpoint, to
the personal conviction and behavior of a judge in a given case, but also, from an objective perspective, if
sufficient guarantees are offered in the proceeding to exclude any legitimate doubt in that respect.78 The right
to an impartial tribunal is the guarantee that the decision will be adopted based on the reasons that the law
provides and not on other criteria that have nothing to do with the legal framework. The importance of that is
particularly acute where punitive matters are concerned and even more so in punitive proceedings against
judges, bearing in mind the principle of judicial independence, as described earlier.
103.
Relating the foregoing to impeachment, as it mentioned when it referred to such
proceedings, the Commission reiterates that because of the risks that it poses to judicial independence, it
should be used only in exceptional cases for judges and in all instances it should be ensured that the control
exercised is legal and not political. To do otherwise would be to allow reasons other than those that the law
envisages into the decision-making process on the propriety of a judge's punishment, which constitutes
undue interference in judicial independence.
104.
In spite of the foregoing, in the present case the Commission does not find concrete
elements that suggest that the Impeachment Jury which heard the case acted politically motivated so that its
subjective impartiality - which is presumed - in application of the disciplinary grounds, would be
compromised.
76See, for example, Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador; and Case of the Constitutional Court
v. Peru. Both cases were considered first by the Commission and then by the Inter-American Court.
77I/A
78
Court H.R., Case of Palamara Iribarne v. Chile, Judgment of November 22, 2005. Series C No. 135, par. 146.
See, ECHR, Case of Thomann v. Switzerland, Judgment of 10 June 1996, § 30.