105. For its part, the United Nations Special Rapporteurship on the independence of judges
and lawyers has made important analyses regarding the accountability of judges, the
possibility of holding them accountable, and the safeguard of their independence. In this
regard, it has indicated that “[i]nternational and regional standards recognize that no
disciplinary action can be instituted against a judge as a consequence of the content of her or
his decisions, differences in legal interpretation or judicial mistakes.”116 In this regard, the
Special Rapporteur at the time considered the following:
In order to safeguard the independence of justice operators, accountability mechanisms and proceedings
must therefore have a restricted application. […] judges should not be removed or punished for bona fide
errors or for disagreeing with a particular interpretation of the law. […] justice operators should be held
accountable for instances of professional misconduct that are gross and inexcusable and that also bring
the judiciary into disrepute. However, in order to ensure the independent exercise of their functions, they
should not be subject to disciplinary proceedings or sanctions relating to the content of their rulings,
verdicts, or judicial opinions, judicial mistakes or criticism of the courts.117
106. The Court also notes that, in keeping with the aforementioned standards, Article 70(2)
of the American Convention provides a safeguard for the autonomy of the judges of this Court;
the text of the article reveals an interpretation standard to ensure judicial independence in
the terms of the Convention. Thus, the provisions established that “[a]t no time shall the
judges of the Court […] be held liable for any decisions or opinions issued in the exercise of
their functions.”
107. Consequently, the Court considers that the guarantee of the independence of the
judiciary requires that, when instituting impeachment proceedings against judicial officials,
the organ or organs that intervene in their processing, deliberation and decision are prohibited
from reviewing the grounds for, or the contents of, the decisions of those authorities. Also,
the impeachment or the eventual removal of a judge as a result of this procedure cannot be
founded on the content of the decisions that he or she has issued, in the understanding that
the protection of judicial independence prevents inferring responsibility owing to the votes and
opinions issued in the exercise of the jurisdictional function,118 with the exception of intentional
violations of the law or proven incompetence.
108. To the contrary, judicial authorities could be subject to undue interference in the exercise
of their functions, in evident detriment to the independence they should necessarily be
ensured in order to fulfill their vital role under the rule of law effectively.
B.3. Analysis of the specific case
109. The Court will now examine what happened in the impeachment proceedings that
culminated in the removal of the presumed victims from their functions as justices of the
Supreme Court of Justice of Paraguay. To this end, it will analyze, first, the grounds for
instituting the impeachment proceedings and, then for deciding to dismiss them. Second, it
General Assembly. Report of the Special Rapporteur on the independence of judges and lawyers, Diego GarcíaSayán, UN Doc. A/75/172, July 17, 2020, para. 21. The Special Rapporteur has also indicated that “judges should in
principle be immune from criminal proceedings in relation to the content of their orders and judgments.” General
Assembly. Report of the Special Rapporteur on the independence of judges and lawyers, Diego García-Sayán, UN
Doc. A/72/140, July 25, 2017, para. 101.
117
Human Rights Council, Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela
Knaul, UN Doc. A/HRC/26/32, April 28, 2014, paras. 84 and 87. In her analysis, among other documents, the Special
Rapporteur cited the Kyiv Recommendations on Judicial Independence in Eastern Europe, South Caucasus and Central
Asia of the Organization for Security and Cooperation in Europe (OSCE), which indicated that the: “[d]isciplinary
responsibility of judges shall not extend to the content of their rulings or verdicts, including differences in legal
interpretation among courts.”
118
Cf. Expert opinion of José Ramón Cossío Díaz, provided during the public hearing before this Court, and written
expert opinion of Roberto P. Saba (evidence file, volume VI, affidavits, folio 13293).
116
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