GENEVA - A UN expert today expressed dismay at the number of unfounded disciplinary proceedings initiated against Judge Richard Concepción Carhuancho of Peru that could lead to his removal.
"This is unfortunately not the first time that we have witnessed the National Board of Justice (JNJ) opening disciplinary proceedings against a judge or prosecutor, for actions that are part of the normal functions of their job," said Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers. "The correct way to address disagreements with a verdict is through the legal avenues that exist in Peru: appeals, motions for reconsideration or requests to amend."
In the case of Judge Concepción Carhuancho, the matter under investigation by the JNJ had already been reviewed and closed by the Judiciary's National Control Authority, which found no basis to attribute disciplinary responsibility to him.
Satterthwaite recalled previous instances that have ended in the removal of judges and prosecutors, who are fulfilling their responsibilities, through similar proceedings. She recalled the removal of a Peruvian judge for his statement at an IACHR hearing and several prosecutors for acts that did not qualify as her serious grounds of misconduct or incompetence as set forth by international human rights standards.
"Removing a judge for carrying out his judicial functions would be a watershed moment in the misuse of disciplinary proceedings in the country, and would gravely undermine judicial independence in Peru," the expert said.
Satterthwaite expressed concern that these procedures did not meet due process standards. Judges and prosecutors facing removal or demotion must be guaranteed the right to a fair hearing and the opportunity to seek judicial review of the decision before an independent court, she said.
She also highlighted concerns over the grounds for initiating proceedings as well as the type of sanctions imposed by the JNJ, which in a series of cases failed to meet the proportionality principle.
"International standards clearly establish that judges may only be suspended or removed from office on serious grounds of misconduct or incompetence and in accordance with fair procedures guaranteeing objectivity and impartiality."
"I reiterate my call on Peru to fully safeguard judicial independence and ensure no further proceedings of this nature are initiated," the expert said. She called on the JNJ to comply with human rights standards for safeguarding judicial independence.
"Judges should not face prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics," she said.
The Special Rapporteur has been in contact with Peru on the issue.
