aimed at safeguarding their independence. This is also applicable to prosecutors due to the nature
of the duties that they undertake, 113 as well as the guarantees to an adequate appointment
process and to be protected against external pressures that protect both the work of judges and
that of the prosecutors. 114
124. Regarding the role of the judges, the Court has indicated that said autonomous exercise
must be guaranteed by the State both in its institutional facet, that is, in relation to the Judiciary
as a system, as well as in its individual aspect, that is, in relation to the specific judge as a person.
The objective of protection is to prevent the judicial system, in general, and its members, in
particular, from being subjected to possible undue restrictions in the exercise of their duties by
bodies outside the Judiciary, or even by those who exercise review or appeal functions. 115
125.
Regarding the guarantee of tenure of judges, this Court recalls that in the Statute of the
Ibero-American Judge, Article 14 states the following:
Article 14. PRINCIPLE OF NON-REMOVAL FROM OFFICE. As a guarantee of their independence, judges
cannot be removed from the moment in which they acquire the said status and join the judicial career
in the terms established by the Constitution. Nevertheless, they can be suspended or separated from
office owing to physical or mental incapacity, or negative evaluation of their professional performance
in the cases established by law, or separated from office in case of criminal or disciplinary responsibility
by legally established bodies, by means of procedures guaranteeing respect for due process and, in
particular, the rights to a hearing, defense, contradiction and legal remedies, as appropriate.. 116
126. Additionally, it reiterates that the United Nations Basic Principles regarding the
Independence of the Judiciary establish that judges may only be suspended or removed from
office due to incapacity or behavior that disqualifies them from continuing to perform their duties
and that any procedure for the adoption of disciplinary measures, suspension or removal from
office will be resolved in accordance with the established norms of judicial behavior. 117
127. Finally, the current Special Rapporteur on the independence of judges and lawyers stated
that "judges may be subject to disciplinary proceedings only in the cases previously provided for
in the constitution or the law and in accordance with the established procedure." 118 In addition,
it pointed out that "the rule [s] should be formulated in a sufficiently precise manner to allow
them to regulate their conduct and foresee the consequences that the performance of a specific
action would entail” 119.
113
Cf. Case of Martínez Esquivia v. Colombia, supra, paras. 95 and 96, and Case of Casa Nina v. Peru. Preliminary
Objections, Merits, Reparations and Costs. Judgment of November 24, 2020. Series C No. 419, para. 69.
114
Cf. Case of Martínez Esquivia v. Colombia, supra, para. 88, and Case of Casa Nina v. Peru, supra, para. 72. In
this regard, this Court recalls that the criteria expressed is also supported by various instruments and pronouncements in
the international arena, such as the United Nations Guidelines on the role of prosecutors and the United Nations Special
Rapporteurship on the independence of judges and lawyers. At European level, the Council of Europe and the joint report
issued by the Consultative Council of European Judges and the Consultative Council of European Prosecutors on “Judges
and prosecutors in a democratic society”, called the “Bordeaux Declaration”. The European Court of Human Rights has
also ruled in this regard. In addition, the African System highlights the Principles and Guidelines on the Right to a Fair Trial
and Legal Aid in Africa. Cf. Case of Martínez Esquivia v. Colombia, supra, paras. 89 to 93.
115
Cf. Case of 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. 55, and Case of Ríos Avalos et al. v.
Paraguay, supra, para. 86.
116
Cf. Case of Cordero Bernal v. Peru. Preliminary Objections and Merits. Judgment of February 16, 2021. Series C
No. 421, para. 73.
117
Cf. Case of Reverón Trujillo v. Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of
June 30, 2009. Series C No. 197, para. 77, and Case of Urrutia Laubreauxvs. Chile, supra, para. 109.
118
It is also worth noting that, the then Special Rapporteur on the independence of judges and lawyers, Gabriela
Knaul, indicated in reports submitted in 2013 and 2014 that, although judges may be subject to disciplinary proceedings
for conduct that brings judicial office into disrepute or that violate judicial ethics, disciplinary offenses that refer in general
terms to “threat or harm to the correct administration of justice, [...] risk undermining the independence of the judiciary.”.
Cf. Case of Cordero Bernal v. Peru, supra, para. 76.
119
Human Rights Council, Report of the Special Rapporteur on the independence of judges and lawyers, Diego García
Sayán, Doc. A/75/172, July 17, 2020, para. 12 and 13. Available at: https://www.undocs.org/es/A/75/172
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