equality is an insufficient guarantee if it is not accompanied by the effective protection of tenure
in the office achieved, 151 which indicates that the procedures for appointment, promotion,
suspension and dismissal of public officials must be objective and reasonable, that is, they must
respect the applicable guarantees of due process. 152
160. This Court has repeatedly ruled on this right in relation to processes of dismissal of
judges 153 and prosecutors 154 and has considered that it is related to the guarantee of stability or
tenure in office. 155 Thus, the respect and guarantee of this right is fulfilled when the criteria and
procedures for appointment, promotion, suspension and dismissal of judges and prosecutors are
reasonable and objective, and exercise of said procedures does not discriminate against
individuals. 156
161. Having established the foregoing, the Court finds that, as evidenced in this case, the removal
of Messrs. Cuya Lavy, Valenzuela Cerna, Díaz Alvarado, and Ms. Rodríguez Ricse ignored the
guarantees of due process, which arbitrarily affected their tenure in their positions as judges and
prosecutors, respectively. Consequently, this Court considers that the State unduly affected their right
to remain in office under conditions of equality, in violation of the right enshrined in Article 23(1)(c)
of the American Convention, in relation to Article 1(1) of the same Convention, to the detriment of
Messrs. Cuya Lavy, Valenzuela Cerna, Díaz Alvarado and Ms. Rodríguez Ricse.
C. Conclusion
162. In view of the foregoing, the Court concludes that the State failed in its duty to substantiate
the non-ratification decisions enshrined in Article 8(1) of the American Convention, in relation to
the obligations established in Articles 1(1) and 2 of the same instrument, to the detriment of Jorge
Luis Cuya Lavy, Jean Aubert Díaz Alvarado, Marta Silvana Rodríguez Ricse and Walter Antonio
Valenzuela Cerna. Similarly, the Court considers that, by failing to protect the privacy of Jean
Aubert Díaz Alvarado, Marta Silvana Rodríguez Ricse, Walter Antonio Valenzuela Cerna and Jorge
Luis Cuya Lavy, the State is responsible for the violation of Article 11(1) of the Convention, in
relation to article 1(1) of the same instrument.
163. Furthermore, the Court concludes 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, Díaz, Valenzuela,
and Ms. Rodríguez.
164. Finally, this Court concludes that the State unduly affected the right to remain in office under
conditions of equality, in violation of the right enshrined in Article 23(1)(c) of the American Convention,
in relation to Article 1(1) of the same Convention, to the detriment of Messrs. Cuya Lavy, Valenzuela
Cerna, Díaz Alvarado and Ms. Rodríguez Ricse.
Cf. Case of Reverón Trujillo v. Venezuela, supra, para. 138, and Case of Moya Solís v. Peru, supra, para. 108.
Cf. Case of Moya Solís v. Peru, supra, para. 108.
153
Cf. Case of Reverón Trujillo v. Venezuela, supra, para. 138; Case of Colindres Schonenberg v. El Salvador. Merits,
Reparations and Costs. Judgment of February 4, 2019. Series C No. 373, para. 93, and Case of Moya Solís v. Peru, supra,
para. 109.
154
Cf. Case of Martínez Esquivia v. Colombia, supra, para. 115; Case of Casa Nina v. Peru, supra, para. 97, and Case
of Moya Solís v. Peru, supra, para. 109.
155
It should be remembered that in the case of Martínez Esquivia v. Colombia, this Court concluded that the
guarantee of stability and tenure of judges, aimed at safeguarding their independence, is applicable to prosecutors due to
the nature of the functions they perform. Cf. Case of Martínez Esquivia v. Colombia, supra, para. 95 and 96. See also,
Case of Casa Nina v. Perú, supra, para. 69 and Case of Moya Solís v. Peru, supra, para. 109.
156
Cf. Case of Reverón Trujillo v. Venezuela, supra, para. 138, and Case of Moya Solís v. Peru, supra, para. 109.
151
152
41