154. Moreover, according to this Court’s case law, the right to have adequate time and means to
prepare a defense obliges the State to allow the individual access to knowledge of the proceedings
brought against them and implies that the adversarial principle must be respected, which
guarantees the person’s participation in analyzing the evidence. 147 In addition, the appropriate
means of presenting the defense include all the materials and evidence used, as well as the
exculpatory documents. 148 In relation to the processes for evaluation of public officials, the Court
finds that this guarantee implies that the person evaluated has the right to know the reasons the
competent authorities consider that there is incompetence or non-compliance, to offer arguments
aimed at refuting the authorities’ position before a final decision and, in general, to offer evidence
of the adequacy of their performance. 149
155. In this section, it is necessary to examine whether the State has violated the rights to know in
advance and in detail the accusation made and to have adequate time and means to prepare a defense
enshrined in Article 8(2), paragraphs (b) and (c) of the American Convention, as alleged by the
Commission and the representatives.
156. On this issue, as already indicated, as the procedure applied to the alleged victims was
regulated, the commission in charge assessed all the documentation and information received,
ordered, processed, and analyzed it. After which, the Permanent Commission of Comprehensive
Evaluation and Ratification of the CNM prepared the report that was presented to the plenary
session of the CNM, so that it could decide on whether to ratify the evaluated officer or not. The
Court has verified, according to the reports, that the alleged victims underwent a qualitative
assessment, according to the evaluation criteria for judges (suitability and conduct) and for
prosecutors (jurisdictional output, professional training, and professional behavior) and graded
marks (supra para. 146).
157. In this sense, for the Court, the right to know in advance and in detail the accusation made,
in the case of evaluation and ratification processes of judges and prosecutors, implied that the
evaluated persons had knowledge of, whether prior to the issuance of the ratification decision or
not, the report issued by the CNM Permanent Commission for the Evaluation and Ratification of
Judges and Prosecutors that would serve as a basis for the competent authority to determine their
tenure in office. This allowed the judges evaluated to have knowledge of the breach of their
obligations identified by the authority, which is also essential for the exercise of the right to
defense. 150.
158. In this case, the alleged victims did not have the opportunity to hear the report issued by the
Permanent Commission for the Evaluation and Ratification of Judges and Prosecutors of the CNM and,
therefore, they were not able to disprove said report or present defense evidence. For this reason,
this Court considers that the State is responsible for the violation of the rights to know in advance and
in detail the accusation made and to have adequate time and means to prepare a defense, contained
in Articles 8(2)b) and 8(2)c) of the American Convention, in relation to Article 1(1) of the same
Convention, to the detriment of Messrs. Cuya, Valenzuela, Díaz, and Ms. Rodríguez.
B.4. Political rights
159. Article 23(1)(c) of the Convention establishes the right to access public office under general
conditions of equality. In this regard, this Court has interpreted that access under conditions of
147
Cf. Mutatis Mutandi, Case of Palamara Iribarne v. Chile. Merits, Reparations and Costs. Judgment of November
22, 2005. Series C No. 135, para. 178, and Case of Moya Solís v. Peru, supra, para. 72.
148
Mutatis Mutandi, Case of Álvarez Ramos v. Venezuela, supra, para. 154, and Case of Moya Solís v. Peru, supra,
para. 72.
149
Cf. Case of Moya Solís v. Peru, supra, para. 72.
150
Cf. Mutatis Mutandi Case of Moya Solís v. Peru, supra, para. 71.
40