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.

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