26
98.
Article 1.1 of the American Convention stipulates:
The States Parties to this Convention undertake to respect the rights and freedoms recognized
herein and to ensure to all persons subject to their jurisdiction the free and full exercise of
those rights and freedoms, without any discrimination for reasons of race, color, sex,
language, religion, political or other opinion, national or social origin, economic status, birth, or
any other social condition.
99.
Article 2 of the American Convention establishes:
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already
ensured by legislative or other provisions, the States Parties undertake to adopt, in
accordance with their constitutional processes and the provisions of this Convention, such
legislative or other measures as may be necessary to give effect to those rights or freedoms.
100. The Commission recalls the Court’s repeated rulings that the freedom from ex post
facto laws enshrined in Article 9 of the American Convention is one of the principles that govern the
actions of all bodies of the State in their respective fields, particularly when the exercise of its
punitive power is at issue. 90 In terms of its scope, the Court has ruled that the freedom from ex
post facto laws applies not only to criminal matters, but also to administrative sanctions. 91
101. Similarly, the Court has stated that “although Article 8 of the American Convention
is entitled ‘Judicial Guarantees’ [in the Spanish version – ‘Right to a Fair Trial’ in the English
version], its application is not strictly limited to judicial remedies, but rather the procedural
requirements that should be observed [...] so that a person may defend himself adequately in the
face of any kind of act of the State that affects his rights.” 92
102. In addition, the Court has said that although that article does not establish minimum
guarantees in matters relating to the determination of rights and obligations of a civil, labor, fiscal,
or any other nature, the full range of minimum guarantees stipulated in its second paragraph are
also applicable in those areas and, therefore, in this type of matter, the individual also has the
overall right to the due process applicable in criminal proceedings. 93
103. The petitioners claim that they were terminated by an incompetent authority lacking
in guarantees of independence and impartiality, absent a procedure previously established by law,
without the possibility of being heard or of hearing the charges against them, and unable to offer a
defense. In response, the State claimed that the petitioners were not entitled to the allegedly
violated guarantees in that they were not “removed” or “dismissed”: instead, they were terminated
because, according to the National Congress’s interpretation, they were serving under an expired
mandate.
104. The IACHR will analyze the arguments of the parties as follows: i) Analysis whether
the rights enshrined in Articles 8 and 9 of the Convention are applicable to the alleged victims; ii)
Analysis whether the State incurred in a violation of the rights established in Article 9 of the
90
I/A Court H. R., Case of Ricardo Canese v. Paraguay, Judgment of August 31, 2004, Series C No. 111, para. 176. Citing: I/A Court
H. R., Case of Baena Ricardo et al. v. Panama, Preliminary Objections, Judgment of November 18, 1999, Series C No. 61, para. 107.
91
I/A Court H. R., Case of Ricardo Canese v. Paraguay, Judgment of August 31, 2004, Series C No. 111, para. 177. Citing: I/A Court
H. R., Case of Baena Ricardo et al. v. Panama, Preliminary Objections, Judgment of November 18, 1999, Series C No. 61, para. 106.
92
I/A Court H. R., Case of the Constitutional Court v. Peru. Judgment of January 31, 2001, Series C No. 71. para. 69. Citing: Judicial
Guarantees in States of Emergency (Arts. 27.2, 25, and 8 of the American Convention on Human Rights), Advisory Opinion OC-9/87 of October
6, 1987, Series A No. 9, para. 27.
93
I/A Court H. R., Case of the Constitutional Court v. Peru. Judgment of January 31, 2001, Series C No. 71. para. 70.