using procedures that guarantee respect for due process and, in particular, the rights to a hearing,
defense, rebuttal and legal remedies, as appropriate.”106
111. Bearing in mind the foregoing considerations, the Court will now examine: (1) the right
to prior notification in detail of the charges and adequate time and means for defense, and
(2) the right to an impartial disciplinary authority and the right to judicial protection.
112. Regarding the alleged violation of the right to presumption of innocence and to be
assisted by legal counsel, and the alleged failure to provide the reasons for the decision, the
Court notes that the representatives did not submit specific arguments or provide information
that would allow this Court to determine a violation of those rights in this case. Consequently,
the Court considers that it does not have sufficient evidence to rule on the violation of those
rights.107
B.1. Right to prior notification in detail of the charges and adequate time
and means for defense
113. The right to prior notification in detail of the charges in criminal matters means that it is
necessary to have a specific description of the conduct attributed to the defendant that
includes the factual information regarding the charges, and this constitutes an essential
reference document for the defendant to be able to defend himself and for the judge to
consider in his decision. Therefore, the defendant has the right to know, described in a clear,
detailed and precise manner, the facts of which he is accused. 108 As part of the minimum
guarantees established in Article 8(2) of the Convention, the right to prior and detailed
notification of the charges applies in both criminal matters and in the other matters indicated
in Article 8(1) of the Convention, even though the information required in the other matters
may be less and of another type.109 That said, in the case of disciplinary proceedings that may
result in a sanction, the scope of this guarantee can be understood in different ways but, in
any case, means that the person to be disciplined must be informed of the conducts of which
he is accused that have violated the disciplinary regime.110
114. The Court notes that in a letter of January 13, 2005, the Appellate Court of La Serena
asked Judge Urrutia Laubreaux to provide, within five days, a “report on the reasons he had
to send the Supreme Court a copy of his final paper.” 111 On January 18, 2005, the presumed
victim sent the requested report indicating that “the reasons that the undersigned judge had
were to demonstrate to the Supreme Court that he had completed the course and the high
Iberoamerican Summit of Presidents of Supreme Courts and Tribunals of Justice. Statute of the Iberoamerican
Judge, supra, article 20.
106
Cf. inter alia, Case of Rodríguez Vera et al. (Disappeared from the Palace of Justice) v. Colombia. Preliminary
objections, merits, reparations and costs, supra, para. 325; Case of Coc Max et al. (Xamán Massacre) v. Guatemala.
Merits, reparations and costs. Judgment of August 22, 2018. Series C No. 356, para. 86; Case of Villamizar Durán et
al. v. Colombia. Preliminary objection, merits, reparations and costs. Judgment of November 20, 2018. Series C No.
364, para. 169; Case of Omeara Carrascal et al. v. Colombia. Merits, reparations and costs. Judgment of November
21, 2018. Series C No. 368, para. 280; Case of Díaz Loreto et al. v. Venezuela. Preliminary objections, merits,
reparations and costs. Judgment of November 19, 2019. Series C No. 392, paras. 96 and 97, and Case of the National
Association of Discharged and Retired Employees of the National Tax Administration Superintendence (ANCEJUBSUNAT) v. Peru. Preliminary objections, merits, reparations and costs. Judgment of November 21, 2019. Series C No.
394, para. 203.
107
Case of Fermín Ramírez v. Guatemala. Merits, reparations and costs. Judgment of June 20, 2005. Series C No.
126, para. 67, and Case of Maldonado Ordóñez v. Guatemala. Preliminary objection, merits, reparations and costs,
supra, para. 80.
108
109
80.
110
80.
111
Case of Maldonado Ordóñez v. Guatemala. Preliminary objection, merits, reparations and costs, supra, para.
Case of Maldonado Ordóñez v. Guatemala. Preliminary objection, merits, reparations and costs, supra, para.
Letter of the President of the Appellate Court of La Serena of January 13, 2005 (evidence file, folio 28).
29