La Corte Interamericana de Derechos Humanos (Corte IDH) condenó este viernes al Estado de Perú por la destitución arbitraria de dos jueces y dos fiscales entre los años 2001 y 2002.
La sentencia del Tribunal internacional indica que el Estado violó los derechos a las garantías judiciales, protección de la honra y de la dignidad, derechos políticos y protección judicial en perjuicio de Jorge Luis Cuya Lavy (juez), Walter Antonio Valenzuela Cerna (juez), señora Marta Silvana Rodríguez Ricse (fiscal) y Jean Aubert Díaz Alvarado (fiscal).
La Corte manifestó que en todos los casos, los fiscales y jueces tuvieron que enfrentarse a procesos dictados por el Consejo Nacional de la Magistratura (CNM) que concluyeron con resoluciones de no ratificación en sus cargos.
Además, a las víctimas no se les permitió conocer previa y detalladamente la acusación formulada, ni contaron con el tiempo y los medios adecuados para su defensa.
Corte IDH condena a Perú
Las resoluciones de no ratificación no contaban con motivación alguna, lo que ocasionó también una afectación al derecho de la honra y de la dignidad (…) También se les afectó indebidamente el derecho a permanecer en el cargo en condiciones de igualdad, explica la sentencia.
Según el Tribunal, las víctimas «no contaron con un mecanismo idóneo y eficaz» para proteger la garantía de estabilidad en el cargo, en vista que los recursos presentados fueron declarados improcedentes bajo el argumento que las resoluciones del CNM no podían ser revisadas en la sede judicial.
La Corte reiteró en el texto que la garantía de estabilidad e inamovilidad en el cargo, para jueces y fiscales, implica, que la separación de sus cargos debe obedecer exclusivamente a causales permitidas, ya sea por medio de un proceso que cumpla con las garantías judiciales o porque han cumplido el término de su mandato.
Destitución arbitraria de jueces y fiscales
Además, que los jueces y fiscales solo los pueden destituir por faltas de disciplina graves o incompetencia, y que todo proceso debe resolverse de acuerdo con las normas de comportamiento judicial establecidas y mediante procedimientos justos que aseguren la objetividad e imparcialidad según la Constitución o la ley.
La Corte ordenó al Estado peruano como medidas de reparación, pagar las cantidades fijadas en la sentencia por concepto de restitución, daños materiales e inmateriales y el reintegro de costas y gastos.
Por Agencia
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