allows people to effectively determine their conduct pursuant to law.80 According to the IACHR, “the lawfulness
principle has a specific development in its typicality, which insures, in the one hand, the individual freedom
and security, since it establishes in an advanced, clear, and unequivocal way which conduct is to be punished
and, in the other hand, it protects legal security.”81
83.
Furthermore, the duty of motivation is translated into “the reasoned justification” that allows
the judge to come to a conclusion.82 Both the Court and the Commission have emphasized that the requirement
of an appropriate level of motivation is highly relevant, since the disciplinary control —and in this case, the
assessment and ratification proceeding with absolutely punitive consequences— has the aim of assessing the
conduct, aptitude incumbent on the role, and performance of public workers, thus, it is in the motivation itself
where it is necessary to analyze the conduct charged and the proportionality of the punitive consequence.83
84.
Moreover, the Commission recalls that the duty of motivation has an intrinsic relationship
with the lawfulness principle, since the causes leading to a punishment —particularly to the consequence of
not continuing in the role of judge or prosecutor— shall be established in the State’s legal framework pursuant
to the standards aforementioned, the argumentation of a judgment shall allow knowing “the facts, motives, and
regulations on which the authority was based to adopt a decision.” 84 In this sense, it is the motivation of a
punitive decision the one that allows understanding the way in which the facts supported the proceeding,
adjust to or fall into the field of the appealed causes. The motivation proves to the parties that they were heard
and provides them of the possibility of criticizing the resolution and achieving a new examination of the matter
before the higher courts.85
85.
Likewise, the IACHR established that the “utmost severity principle” of the dismissal
punishment of a judge implies that only “clearly reprehensible,” “truly serious reasons for bad behavior or lack
of jurisdiction” conducts are admissible. 86 The protection of the judicial independence demands that the
dismissal of judges be considered as ultima ratio in legal disciplinary matters. 87 Justice operators’ tenure
implies that the dismissal corresponds to quite serious conduct, while other punishments can be observed as
malpractice or negligence before events. 88 The Commission considers that these assessments are equally
applicable to the non-ratification decision of a judge or prosecutor, in the terms regulated in the Peruvian case,
at the moment of the non-ratification of the alleged victims. This, as long as the said decision, in practice, has
the same absolutely punitive effect of preventing them from continuing in their roles, for reasons of absence of
aptitude incumbent on the role for that effect.
86.
In this case, the Commission could verify that the resolutions passed by the NCM were
unmotivated at the moment of ordering the non-ratification of the alleged victims. The State itself recognized
IACHR, Report on Terrorism and Human Rights, OEA/SER.L/V/II.116, Doc. 5. rev. 1, corr., October 22, 2002, para. 225, and Executive
Summary, para. 17.
81 IACHR, Petition and Pleadings before the Inter-American Court on Human Rights in case De la Cruz Flores vs. Peru; mentioned in: IAHR
Court, Case De la Cruz Flores vs. Peru, Judgment of November 18, 2004 (Merits, Reparations, and Indemnities), Series C. No. 115, para. 74.
82 IAHR Court, Case Maldonado Ordoñez vs. Guatemala. Preliminary Exception, Merits, Reparations, and Indemnities. Judgment of May 3,
2016. Series C No. 311, para. 87.
83 IAHR Court, Case Maldonado Ordoñez vs. Guatemala. Preliminary Exception, Merits, Reparations, and Indemnities. Judgment of May 3,
2016. Series C No. 311, para.
84 IACHR, Report No. 103/13, Case 12,816, Merits Report, Adán Guillermo Lopez Lone and others, Honduras, para. 145.
85 IAHR Court. Case Apitz Barbera and others (“First Administrative Law Court”) vs. Venezuela. Preliminary Exception, Merits, Reparations,
and Indemnities. Judgment of August 5, 2008, Series C No. 182, para. 78.
86 IAHR Court. Case López Lone and others vs. Honduras. Preliminary Exception, Merits, Reparations, and Indemnities. Judgment of October
5, 2015. Series C No. 302, para. 259.
87 IAHR Court. Case López Lone and others vs. Honduras. Preliminary Exception, Merits, Reparations, and Indemnities. Judgment of October
5, 2015. Series C No. 302, para. 259; IACHR, Report No. 38/16, Case 12,768, Merits, Omar Francisco Canales Ciliezar, Honduras, August 31,
2016, para. 71 ff. See also 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. 211. In the said report, the IACHR considered that “the
legal provisions establish administrative punishments, such as dismissals, shall be subjected to the most strict lawfulness discernment.
The said regulations include a punishment of extraordinary seriousness and restrict the enforcement of rights. Moreover, given that the
regulations constitute an exception to judicial stability, they can affect the principles of independence and legal autonomy.”
88 IAHR Court. Case López Lone and others vs. Honduras. Preliminary Exception, Merits, Reparations, and Indemnities. Judgment of October
5, 2015. Series C No. 302, para. 199. IACHR, Report No. 26/18, Case 12,839. Merits. Ricardo Vaca Andrade. Ecuador. March 2, 2018, para.
107.
80
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