73. In view of the previous considerations, the IACHR estimates that the standards cited in the previous section are applicable to prosecutors, who due to the nature of their function, shall have strengthened stability in their role, as a safeguard for the independence of their work, and shall only be replaced if they commit serious offenses or the established deadline or term of their appointment is met, in an assimilated way to judges. 1.3 Ratification proceedings for judges and prosecutors 74. By means of its monitoring mechanisms, the IACHR made reference to re-election and ratification proceedings of justice operators. Particularly, the IACHR indicated that it is desirable one single appointment of justice operators for a determined period assuring the permanence in the role during the indicated time or condition. Moreover, the Commission considered that the legal possibility of being subjected to a subsequent confirmation to stay in the role or be elected is a vulnerability aspect of the independence of judges and magistrates. The Commission indicated that it is preferable that justice operators not be subjected to re-election or ratification proceedings, especially when the possibility of confirming the role, or not, to the justice operator might be discretionary.70 75. Regarding the previous aspect, the Commission considered that, apart from the fact of how troublesome discretion might be in a re-election or ratification system, the justice operator pretending to be re-elected or ratified in his or her functions runs the risk of behaving in such a way that he or she gets the support of the authority in charge of the said decision, or that his or her behavior is seen in this way by the parties.71 76. The United Nations’ Special Rapporteur on the independence of magistrates and attorneys indicated that in the United States, where magistrates'’ re-election is foreseen, automatic re-election could be favored, unless there was a serious offense duly established by a disciplinary proceeding that respects all the safeguards of a fair trial.72 77. Taking into account the previous standards, the Commission estimates that the ratification proceedings of magistrate prosecutors and judicial operators shall be exclusively oriented toward ensuring accountability on the part of the said public workers and determining their aptitude with objective criteria and, due to the absolutely punitive nature and its impact on judicial independence, in accordance with due process safeguards acknowledged in the American Convention, through previously established causes, which are pursuant to the lawfulness principle. The absence of ratification of prosecutors and magistrates, based on vague criteria that provide a wide discretion margin of the authority in charge, affects the independence that shall be granted to them when carrying out their functions. 78. In the light of the parties’ positions and the established rights, and taking into account the general considerations stated so far, the Commission will analyze the concrete cases in the following order: 1. The right to previously know the issued indictment in a detailed way and to have the appropriate time and means for defense: 2. The right to have duly motivated decisions and the lawfulness principle; and 3. The right to resort to the judgment and legal protection. Finally, the IACHR will refer to the right to access public function. IACHR, Independence remedies for justice operators. The Road toward Strengthening the Access to Justice and the Rule of Law in the Americas. OEA/Ser.L/V/II.Doc. 44, December 5, 2013, para. 87. 71 IACHR, Independence remedies for justice operators. The Road toward Strengthening the Access to Justice and the Rule of Law in the Americas. OEA/Ser.L/V/II.Doc. 44, December 5, 2013, para. 88. 72 United Nations. General Assembly, Promotion and protection of all human, civil, political, economic, social, and cultural rights, including the right to development. Report by the Special Rapporteur on the independence of magistrates and attorneys, Leandro Despouy, Addition. Mission in Guatemala, A/HRC/11/41/Add.3, October 1, 2009, para. 110. 70 14