The
Inter-American Commission on Human Rights (IACHR) expressed concern about the opening by Congress of a summary investigation against the members of the
National Justice Board (JNJ), which could result in their removal.
In a statement, the supranational judicial body noted that the JNJ is an autonomous agency that is key to preserve the independence and suitability of the judiciary and electoral authorities in the country, which is why it calls for due process.
On September 7, 2023, Congress passed Motion 7565, mandating the Justice and Human Rights Committee to conduct a summary investigation into the activities of members of the National Justice Board.
The Committee was tasked with filing a report on the issue within 14 working days, following which Congress could move to dismiss members of the Board.
The IACHR considers that the judiciary plays a leading role to ensure the judicial protection of human rights in a democratic State, since it acts as the controller of the conventionality, constitutionality, and legality of the actions of the other branches of government.
It also states that actions of the JNJ —the institution in charge of appointing and periodically assessing the work of judicial officers and electoral authorities in Peru—help to prevent political interference by other State institutions in the appointment of judicial officers. The Board's actions are therefore instrumental for the justice system to operate independently.
"The IACHR acknowledges that political oversight by a branch of government over another is important in a system of checks and balances," the statement reads.
"However, the IACHR warns that political oversight of the activities of judicial officers based on discretionary or political criteria violates the independence and impartiality that are required of all disciplinary proceedings, in compliance with international law," it added.
Likewise, the inter-American organization remarked that all procedures that may lead to the dismissal of judicial officers must be based on the legality principle and reflect due process.
"This requires that punishable conduct be pre-established in strict, explicit terms that clearly describes the actions that may be punished and their components," the statement said.
"It further requires that judicial officers be judged by an authority of competent jurisdiction that is independent and impartial, in proceedings that always enable the right to a defense," it added.
About the IACHR
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights.
The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area.
The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
(END) MRCA/CVC/RMB
Publicado: 25/9/2023