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Datos de la publicación

Authors

Georgina Vargas Vera

Sebastián Valencia Quiceno

Gladys Fabiola Morales Ramírez

Diana Beatriz González Carvallo

María José Gutiérrez Rodríguez

Sandra Carolina López Pech

Fernanda Murillo Pichardo

María Fernanda Delgadillo Santos

Fecha de Publicación
Número de Páginas
145
ISBN-e
978-607-552-569-3

Judicial independence

Systematization of criteria until October 2023

Reseña

Through its rulings, the Inter-American Court of Human Rights has established that every individual has the right to be heard by a competent, independent, and impartial judge or tribunal. It has been reiterated that the independence of judges is guaranteed through proper appointment procedures, security of tenure, and protections against external influence.

The trends of precedents presented in this booklet reflect the lnter-American Court's extensive efforts to ensure increasingly robust protection of the independence of judges and justice system officials.

As part of this joint initiative between the Supreme Court of Justice of Mexico and the Inter-American Court of Human Rights, this compendium seeks to provide an accessible, clear, and comprehensive overview of the lnter-­American Court's case law on judicial independence. Its goal is to promote the defense of this principie as a cornerstone for ensuring effective access to justice and the protection of those engaged in judicial and investigative functions.

Contenido

General considerations

Methodological note

1. Participation of the Legislative Branch in the bodies that sanction judicial officials and officials who are not part of the Judicial Branch but who exercise jurisdictional functions

1.1 Guarantees of judicial independence in the context of political trials

Case of the Constitutional Court v. Peru. Merits, Reparations and Costs. Judgment of January 31, 2001. Series C No. 71

Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment of August 23, 2013. Series C No. 266

Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 28, 2013. Series C No. 268

Case of Ríos Avalos et al. v. Paraguay. Merits, Reparations and Costs. Judgment of August 19, 2021. Series C No. 429

1.2 Sanctions decreed by bodies comprised of members of different public authorities

Case of Rico v. Argentina. Preliminary Objection and Merits. Judgment of September 2, 2019. Series C No. 383

Case of Nissen Pessolani v. Paraguay. Merits, Reparations and Costs. Judgment of November 21, 2022. Series C No. 477

1.3 Guarantees of judicial independence of officials belonging to electoral tribunals

Case of Colindres Schonenberg v. El Salvador. Merits, Reparations and Costs. Judgment of February 4, 2019. Series C No. 373

Case of Aguinaga Aillón v. Ecuador. Merits, Reparations and Costs. Judgment of January 30, 2023. Series C No. 483

2. Scope of judicial independence guarantees applied to judges and prosecutors with provisional appointments

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

Case of Reverón Trujillo v. Venezuela. Preliminary Objection, Merits, Reparations, and Costs. Judgment of June 30, 2009. Series C No. 197

Case of Chocrón Chocrón v. Venezuela. Preliminary Objection, Merits, Reparations, and Costs. Judgment of July 1, 2011. Series C No. 227

Case of Martínez Esquivia v. Colombia. Preliminary Objections, Merits and Reparations. Judgment of October 6, 2020. Series C No. 412

Case of Casa Nina v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 24, 2020. Series C No. 419

Case of Cordero Bernal v. Peru. Preliminary Objection and Merits. Judgment of February 16, 2021. Series C No. 421

3. External pressures against judges

Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 28, 2013. Series C No. 268

Case of Villaseñor Velarde et al. v. Guatemala. Merits, Reparations and Costs. Judgment of February 5, 2019. Series C No. 374

Case of Flores Bedregal et al. v. Bolivia. Preliminary Objections, Merits, Reparations and Costs. Judgment of October 17, 2022. Series C No. 467

4. Legal safeguards applied in ratification and evaluation processes of judges, prosecutors and judicial officers

Case of Moya Solís v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of June 3, 2021. Series C No. 425

Case of Cuya Lavy et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 28, 2021. Series C No. 438

5. Guarantees of judicial independence applied to prosecutors’ offices

Case of Martínez Esquivia v. Colombia. Preliminary Objections, Merits and Reparations. Judgment of October 6, 2020. Series C No. 412

Case of Casa Nina v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 24, 2020. Series C No. 419

6. Sanctions imposed on judges because of the manifestation of their ideas

Case of López Lone et al. v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of October 5, 2015. Series C No. 302

Case of Urrutia Laubreaux v. Chile. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 27, 2020. Series C No. 409

7. Evidentiary standards to prove lack of independence of a judicial system

Case of Acosta et al. v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Judgment of March 25, 2017. Series C No. 334

Case of San Miguel Sosa et al. v. Venezuela. Merits, Reparations and Costs. Judgment of February 8, 2018. Series C No. 348

8. Compatibility of special jurisdictions with guarantees of judicial independence

8.1 Military jurisdiction

Case of Genie Lacayo v. Nicaragua. Merits, Reparations and Costs. Judgment of January 29, 1997. Series C No. 30

Case of Durand and Ugarte v. Peru. Merits. Judgment of August 16, 2000. Series C No. 68

Case of Palamara Iribarne v. Chile. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No. 135

Case of Argüelles et al. v. Argentina. Preliminary Objections, Merits and Reparations. Judgment of November 20, 2014. Series C No. 288

8.2 Police jurisdiction

Case of Valencia Hinojosa et al. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 29, 2016. Series C No. 327

Case of Villarroel Merino et al. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 24, 2021. Series C No. 430

Case of Aroca Palma et al. v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 8, 2022. Series C No. 471

Final considerations

Annex 1. Glossary of sentences

Annex 2. Reparations