before an organ of the State must be guaranteed that this organ is competent, independent
and impartial and that it acts in accordance with the procedure established by law for
hearing and deciding the case submitted to it.” 29
24.
As to the application for amparo filed against the decision on dismissal, it considered
that this was not decided within a reasonable period, or by an impartial judge. 30
25.
In the Case of Apitz Barbera et al. v. Venezuela, the Inter-American Court considered
the case of the dismissal of the provisional former judges of the First Court of
Administrative Disputes, for having allegedly committed the inexcusable judicial error of
granting an amparo that suspended the effects of an administrative act that had denied a
request for the registration of a land sale. In this case, the Inter-American Court noted that
the States are bound to ensure that provisional judges can be independent and therefore
must grant them some sort of stability and permanence in office, for to be provisional is not
equivalent to being discretionally removable from office. Similarly, it considered that
provisional tenure should not imply any change in the safeguards instituted to guarantee
the good performance of the judges and to benefit the parties to a case. 31 Indeed, the
Inter-American Court considers that an adequate appointment process and a fixed term of
office are some of the ways to guarantee the independence of judges. 32
26.
Furthermore, the Court reiterated that the authority in charge of the procedure to
remove a judge must act impartially and allow the judge to exercise the right of defense 33,
in order to be considered an independent tribunal. 34 Similarly, it recalled that all the organs
that exercise functions of a substantially jurisdictional nature have the obligation to adopt
just decisions based on full respect for the guarantees of due process established in Article 8
of the American Convention. 35
27.
Regarding the issue of judicial independence, the Inter-American Court emphasized
its importance for the separation of powers, together with the State’s obligation to
guarantee its institutional aspect, in other words, in relation to the Judiciary as a system, as
well as in connection with its individual aspect, that is to say, regarding the person of the
specific judge. 36 At the same time, impartiality demands that the judge acting in a specific
dispute approach the facts of the case subjectively, free of all prejudice, and also offer
sufficient objective guarantees to exclude any doubts that might be harbored by the parties
or by the community as to his or her lack of impartiality. 37
28.
The Inter-American Court also argued that under international law the valid grounds
for suspending or removing a judge may include, inter alia, misconduct or incompetence.
However, judges cannot be removed solely on the grounds that one of their decisions has
29
Ibid. para. 77.
30
Ibid. paras. 93 and 96.
31
Case Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela. Preliminary Objection,
Merits, Reparations and Costs. Judgment of August 5, 2008. Series C No. 182, para. 43.
32
Ibid. para. 138.
33
Ibid. para. 44.
34
Ibid. para. 137.
35
Ibid. para. 46.
36
Ibid. para. 55.
37
Ibid. para. 56.
7