establishes that "[n]o one shall be convicted of any act or omission that did not constitute a
criminal offense, under the applicable law, at the time it was committed" and that "A heavier
penalty shall not be imposed than the one that was applicable at the time the criminal offense was
committed." This Court has interpreted that these mandates are applicable not only to the criminal
sphere, but that their scope extends to administrative sanctioning matters. 136
142. In relation to the scope of this principle in the evaluation processes of judicial officials, the
Court recently indicated in the case of Moya Solís v. Peru that:
[…] However, the Court finds that, in the case of processes of evaluation or ratification of public officers, the
right to know in advance and in detail the accusation made implies that the persons evaluated have precise
knowledge of the general evaluation criteria used by the competent authority to determine their tenure in office.
The above implies the ability to establish whether the breach identified by the authority is of such magnitude
that it may lead to their non-ratification, which is also essential for the exercise of the right to defense. 137
143. In this regard, Article 30 of the Organic Law of the CNM referred to Article 21 of the same
law, indicating that the CNM “evaluates the conduct and suitability in the performance of the
position, considering the jurisdictional output, merits, reports of the Bar Associations and
Societies, information accumulated on his conduct, granting a personal interview in each case”
(supra para. 70). In view of this legal provision, the Permanent Commission for the Evaluation
and Ratification of Judges of the Judiciary and Prosecutors of the Public Prosecution Service of the
CNM (hereinafter “Permanent Commission of the CNM”) prepared the parameters of evaluation
and ratification of the judges and prosecutors. In addition, it should be noted that the regulations
approved by Resolution No. 043-2000-CNM were applied to Mr. Díaz and Ms. Rodríguez, and the
regulations approved by Resolution No. 241-2002-CNM were applied to Messrs. Cuya and
Valenzuela.
144. The second article of each one of the evaluation and ratification regulations indicated that,
by means of a sworn statement, those summoned had to report on: their sanctions, if they had
been prosecuted for being charged with criminal, civil or disciplinary responsibility, indicating, if
applicable, the sanction applied; date of entry to social and sports clubs; if they were related by
consanguinity, by affinity or by marriage with workers or officials working in the Judiciary, the
Public Prosecution Service, as well as other related bodies in the field of influence; and if they
possessed physical and mental aptitude (supra para. 76). Article three of each of the regulations
indicated the criteria to be evaluated, such as attendance and punctuality at the workplace;
number of licenses granted, as well as unannounced or unwarranted absences; absences from the
place where the position is held; jurisdictional output; List of judges and prosecutors who are in
charge of criminal proceedings with expired terms and the number of each, as well as those who
have pending cases in their Office (supra para. 75). In addition, in the case of judges and
prosecutors who have studied at the Academy of the judiciary, it will send the Permanent
Commission of the CNM information on the courses and grades obtained by the judges and
prosecutors evaluated. 138
145. Similarly, in accordance with article four of the regulations, the CNM Standing Committee
could request documentation and information related to banking or tax by taking the pertinent
steps in accordance with the regulations provided for that purpose. In addition, if it is required to
analyze the equity growth of those evaluated, said commission could be advised by specialists,
according to article nine of each of the regulations. 139
136
Cf. Case of Baena Ricardo et al. v. Panama. Merits, Reparations and Costs. Judgment of February 2, 2001. Series
C No. 72, para. 106, and Case of Moya Solís v. Peru, supra, para. 87.
137
Cf. Case of Moya Solís v. Peru, supra, para. 71.
138
Cf. Regulations for the evaluation and ratification procedure of Judges of the Judiciary and Prosecutors of the
Public Prosecution, Resolution 043-2000-CNM y Resolution No. 241-2002-CNM, article 3, supra.
139
Cf. Regulations for the evaluation and ratification procedure of Judges of the Judiciary and Prosecutors of the
Public Prosecution, Resolution 043-2000-CNM y Resolution No. 241-2002-CNM, Articles 4 and 9, supra.
37