terminated.”72 When a judge’s tenure is arbitrarily impaired, “the right to judicial independence recognized in Article 8(1) of the American Convention is violated.” 73 2. Right to a Fair Trial (Article 8 of the American Convention in Conjunction with Articles 1(1) and 2 thereof); Principle of Legality (Article 9 of the American Convention in Conjunction with Articles 1 and 2 thereof), Right to Judicial Protection (Articles 25 (1) and 25 (2) (c)) 43. In proceedings of a punitive nature, apart from the guarantees contained in Article 8(1) of the Convention,74 those recognized in Article 8(2) thereof are also applicable. The latter “are not exclusive to criminal proceedings, but may also apply to proceedings of a punitive character,” 75 which are likewise an expression of the power of states to impose punishment. As is mentioned above, in the case of disciplinary proceedings against judges, such guarantees are strengthened since those proceedings have to do with the principle of judicial independence. Furthermore, those harmed must be offered an effective remedy76 to challenge any possible human rights violations committed in the context of such proceedings. 44. In light of the foregoing and taking into account the arguments of the parties and the established facts, the Commission will analyze the following aspects enshrined in Articles 8(1) and 8(2) of the Convention: (i) the competence, independence, and impartiality of the disciplinary authority; (ii) the right to a defense and the guarantee of a hearing; and (iii) the right to appeal the punitive decision. The Commission will also analyze the civil suit filed by Mr. Colindres in connection with his first dismissal, taking into account the guarantee of a reasonable time and the duty to comply with the decisions of the domestic courts. a. Competence of the Disciplinary Authority and the Respective Proceedings 45. Article 8(1) of the Convention recognizes the right to a trial by “a competent ... tribunal, previously established by law.” Thus, people “have the right to be tried, in general, by a competent tribunal, in accordance with legally established procedures.” The State should not create courts that do not apply duly established procedural norms in substitution of the jurisdiction that would normally correspond to the [regular] courts.”77 The purpose of this is avoid people being tried by special opr ad hoc tribunals.78 46. States are entitled to design and organize their internal disciplinary proceedings. Such processes should be applied in accordance with previously established procedures that indicates the appropriate authorities and the procedural rules.79 That guarantee is satisfied when the disciplinary authority I/A Court H.R., Case of López Lone et al. v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of October 5, 2015. Series C No. 302, par. 192. 72 I/A Court H.R., Case of López Lone et al. v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of October 5, 2015. Series C No. 302, par. 192. 73 74I/A Court H.R., Case of Maldonado Ordoñez v. Guatemala. Preliminary Objection, Merits, Reparations and Costs. Judgment of May 3, 2016. Series C No. 311, par. 72. 75I/A Court H.R., Case of Maldonado Ordoñez v. Guatemala. Preliminary Objection, Merits, Reparations and Costs. Judgment of May 3, 2016. Series C No. 311, par. 75. 76I/A Court H.R., Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of August 5, 2008. Series C No. 182, par. 147. 77I/A Court H.R., Case of Barreto Leiva v. Venezuela. Merits, Reparations, and Costs. Judgment of November 17, 2009. Series C No. 206, par. 75. 78I/A Court H.R., Case of Barreto Leiva v. Venezuela. Merits, Reparations, and Costs. Judgment of November 17, 2009. Series C No. 206, par. 75. 79 I/A Court H.R., Case of Apitz-Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of August 5, 2008. Series C No. 182, par. 50. 12