50
interests is to do what is expected of them, even when no one has directly or expressly
165
asked them to do so.
114.
In Peru, for example, it has been documented that the Internal Control
Office of the Magistrature (OCMA), headed by a member of the Supreme Court, set
about issuing public announcements of disciplinary proceedings opened against judges
166
who failed to order pretrial detention or who granted bail. Information has also been
received indicating that Ecuador’s Judicature Council “has maintained high levels of
influence over judges’ decisions, thanks to the number of administrative proceedings
opened in recent times.” Notably, in one of those proceedings, one of the members of
the Magistrature Council spoke publicly about “the regulatory interpretation that should
167
be used to decide on pretrial detention.”
115.
The IACHR acknowledges the importance of judges’ participation in
discussions of general legal matters and of more specific topics. However, it reiterates
the comments made by the United Nations Special Rapporteur on the Independence of
Judges and Lawyers: “As such, judges need to preserve the dignity of their office and the
168
impartiality and independence of the judiciary.”
116.
The IACHR notes that the official position of many States is to
downplay the phenomenon of inappropriate pressure on judges’ work to equate it with
the commission of a crime or misdemeanor, when they are not necessarily comparable
concepts. Clearly, threats and other kinds of criminally punishable acts are the most
serious manifestations of this interference, but there are also other types of pressure
that, while they do not constitute offenses, do serve to undermine the rule of law and
judicial independence. Public officials and authorities have the same right of free
expression as other citizens. However, their public statements must not affect the
normal operations of public institutions. There can be no pressure from the agencies of
the State: any form of pressure is interference in the work of judges that affects the
quality of the rule of law. For that reason, the Commission conducts broad analyses of
165
Information received by the IACHR at the Thematic Hearing on Judicial Independence and
Preventive Prison in the Americas, 147th regular period of sessions, organized by Due Process of Law
Foundation (DPLF), Institute of Law and Society (CIDES), Institute of Legal Defense (IDL), and DeJusticia, March
16, 2013. See also IACHR Regional Meeting of Experts on Pretrial Detention, May 9 and 10, 2013, presentation
by Luis Pásara, available in Spanish at: http://www.oas.org/es/cidh/ppl/actividades/prisionpreventiva.asp.
166
This matter was raised at the Thematic Hearing on Judicial Independence and Preventive Prison
in the Americas, 147th regular session, organized by Due Process of Law Foundation (DPLF), Institute of Law
and Society (CIDES), Institute of Legal Defense (IDL), and DeJusticia, March 16, 2013; at the IACHR Regional
Meeting of Experts on Pretrial Detention, May 9 and 10, 2013, presentation by Luis Pásara; and in DPLF,
Insufficient Judicial Independence, Distorted Pretrial Detention: The Cases of Argentina, Colombia, Ecuador and
Peru, 2013, pp. 170 and 171.
167
DPLF, Insufficient Judicial Independence, Distorted Pretrial Detention: The Cases of Argentina,
Colombia, Ecuador and Peru, 2013, p. 133.
168
UN, Special Rapporteur on the Independence of Judges and Lawyers, Report on the Promotion
and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to
Development, A/HRC/11/41, published March 24, 2009, para. 45.
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