grounds, the Commission finds that each member of the jury provided 476 answers and that the decision,
adding up the total number questions and answers on the grounds for each member of the jury, contained a
total of 4,284 questions and answers. The Commission also notes that the jury did not carry out a material
consolidation exercise of the answers provided by each member.
123.
In light of the considerations presented in this section, the IACHR finds that the Argentine
State is responsible for violation of Articles 8(1) and 9 of the American Convention, taken in conjunction with
the obligations established in Articles 1(1) and 2 of the same instrument, to the detriment of Eduardo Rico.
E.
Right to participate in government (Article 23 of the American Convention)100
124.
Article 23(1)(c) recognizes the right of judges to have access to public service under “under
general conditions of equality.” The Court has interpreted that article to mean that the arbitrary impairment
of the tenure of judges violates the right to judicial independence enshrined in Article 8(1) of the Convention
in conjunction with the right to have tenured access under general conditions of equality, to the public service
of one’s country, has established in Article 23(1)(c).101
125.
It has been established in this case that Eduardo Rico was removed from office in an
arbitrary proceeding in which various violations were committed of due process and of the principle of
legality in the manner described in the course of this report on merits. In such circumstances, and consistent
with the interpretation contained in the preceding paragraph, the Commission considers that the State also
violated Article 23(1)(c) of the American Convention taken in conjunction with Article 1(1) of that instrument
to Eduardo Rico's detriment.
F.
Right to judicial protection (Article 25 of the American Convention)102
126.
In addition, under Article 25 of the Convention, States are required to provide a suitable and
effective remedy for acts that violate their rights, whether those established in the Convention or in the
law.103
127.
In the instant case, the Commission notes that after the judgment was issued in which he
was dismissed and declared ineligible for service in the judiciary, Mr. Rico filed an application for nullity,
which was denied by the Supreme Court with the argument that the organ that issued the decision was of a
political nature and its decisions escaped “judicial oversight.” He also filed a special federal appeal alleging a
series of due process violations. However, the Supreme Court of Justice denied it, saying that it was not
properly founded in accordance to law and that the arguments presented by the alleged victim merely
demonstrated his disagreement with the tribunal's findings.
128.
In the application for reconsideration that he then filed with the Supreme Court of Justice of
the Nation against the preceding decision, the Supreme Court said that decisions in trials of magistrates at the
provincial level “are justiciable” when one of the parties invokes a violation of due process, but that in this
100The pertinent portions of Article 23 of the American Convention provide: 1. 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. 2. The law may regulate
the exercise of the rights and opportunities referred to in the preceding paragraph only on the basis of age, nationality, residence,
language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.
101 I/A Court H.R., Case of López Lone et al. v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of
October 5, 2015. Series C No. 302, par. 192.
102Article 25(1) of the Convention states: Everyone 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.
103 I/A Court H.R., Castillo Páez Case v. Peru. Merits, Judgment of November 3, 1997. Series C No. 34, par. 82; Case of ClaudeReyes et al. v. Chile. Merits, Reparations, and Costs, Judgment of September 19, 2006. Series C No. 151, par. 131, and Case of Castañeda
Gutman v. Mexico. Preliminary Objections, Merits, Reparations, and Costs, Judgment of August 6, 2008. Series C No. 183, par. 78.