nature25 regarding which the judgment considered that it “was not totally unsubstantiated.”26
Nevertheless, the Court concluded that “the CNM assessed the gravity of the judge’s
conduct; that is, he adopted an irrational decision, as well as its impact on the judicial
function. Based on this assessment, it proceeded to adopt the decision of dismissal,”27 and
that “[t]he report prepared by the disciplinary authority reveals the reasons that led the CNM
to determine that Mr. Cordero Bernal’s conduct was not only serious, but also compromised
the dignity of the office, and devalued it in the opinion of the public, because it was irrational
and had public impact.”28
31.
On this point, the considerations in the case of López Lone et al. should be recalled regarding
the fact that, in the presence of indeterminate disciplinary offenses and in the absence of
norms that develop objective criteria, the statement of reasons – which, from my perspective
is reflected in the clear and detailed arguments and reasonings – has special relevance in
relation to the obligation of the disciplinary body to indicate how the conduct matches or is
circumscribed by the indeterminate elements established in the open disciplinary offense
(which, in this case, were the three established in article 31.2 of the LOC, supra para. 24);
because, in addition to the fact that these indeterminate elements should have been
developed previously by law or interpretation, that normative or interpretive development
should be present in the disciplinary body’s statement of reasons.
32.
According to the majority opinion, “the Investigation Report and the decisions of the OCMA
(Office for Control of Judges) and the CNM describe in detail the irregularities in which Mr.
Cordero Bernal allegedly incurred,”29 and, therefore, “the CNM’s decision was duly
substantiated and was not arbitrary.”30 However, I must underline that, although the
Investigation Report and the decisions of the OCMA and the CNM describe the acts and
omissions of Mr. Cordero Bernal when adopting his decision and classify them “as serious,”
it should not be overlooked that the three decisions merely give an account of the facts that
originated Judge Cordero Bernal’s decision without explaining sufficiently the relationship
between the acts and the norm indicated (in particular the decision of the National Council
of the Judiciary in its tenth consideration).31 I therefore transcribe some of the pertinent
parts of the Investigation Report and of the two decisions in the disciplinary proceedings
25
In particular: (i) the National Council of the Judiciary made “a detailed analysis of the facts that led to the dismissal decision and of the
reasons that allowed this conduct to be classified as a serious disciplinary offense”; (ii) that the Investigation Report and the decisions of the
OCMA and the CNM describe in detail the irregularities in which Mr. Cordero Bernal allegedly incurred by taking the decision granting
unconditional release to two defendants”; (iii) that “[a]ccording to the disciplinary bodies, that decision was not in keeping with the supposed
provisions established in the laws of Peru for granting this benefit”; (iv) that, by “not conducting any procedure of a substantive nature during
the proceedings; [by taking] the decision to grant unconditional release prior to the expiry of the corresponding legal time frame, and not
assessing] all the evidence,” this revealed the judge’s misconduct because they were considered irregularities, and (v) “[i]n the opinion of the
CNM that conduct was serious and compromised the dignity of the office because it had no rational legal support, which was the minimum
requirement for any jurisdictional decision.” Cf. Case of Cordero Bernal v. Peru. Preliminary objection and merits. Judgment of February 16, 2021.
Series C No. 421, paras. 84, 85 and 86.
Cf. Case of Cordero Bernal v. Peru. Preliminary objection and merits. Judgment of February 16, 2021. Series
C No. 421, para. 88.
26
Cf. Case of Cordero Bernal v. Peru. Preliminary objection and merits. Judgment of February 16, 2021. Series
C No. 421, para. 86.
27
Cf. Case of Cordero Bernal v. Peru. Preliminary objection and merits. Judgment of February 16, 2021. Series
C No. 421, para. 87.
28
Cf. Case of Cordero Bernal v. Peru. Preliminary objection and merits. Judgment of February 16, 2021. Series
C No. 421, para. 86.
29
Cf. Case of Cordero Bernal v. Peru. Preliminary objection and merits. Judgment of February 16, 2021. Series
C No. 421, para. 89.
30
Cf. Mutatis mutandis, Case of López Lone et al. v. Honduras. Preliminary objection, merits, reparations and
costs. Judgment of October 5, 2015. Series C No. 302, para. 265
31