46 ARTICLE 23 (POLITICAL RIGHTS) The Commission’s arguments 98. With regard to Article 23(1)(c), the Commission alleged that: a) A person’s right to form part of the Judiciary, in conditions of equality and, once selected in accordance with the conditions established in the Constitution and the law, to remain in his functions, is protected in Article 23(1)(c) of the American Convention. So that the dismissal by the Congress of the Republic of Peru of three of the justices of the Constitutional Court, in a procedure in which the formalities established in the Constitution were not respected, constitutes “a violation, by the State of Peru, of the right to have access in general conditions of equality to the public functions in their country”; and b) The procedure for the dismissal of the justices for elaborating the clarification decision and the absence of effective judicial recourses for the protection of their rights “were measures of reprisal of a political nature, adopted by the Government with the support of the [L]egislature and the consent of the [J]udiciary.” The State’s arguments 99. Peru did not submit any arguments on this matter, since it did not appear before the Court in the case sub judice (supra 58-62). * * * The Court’s considerations 100. Article 23(1)(c) of the American Convention establishes that: 1. Every citizen shall enjoy the following rights and opportunities: [...] c) to have access, under general conditions of equality, to the public service of his country. 101. As we have already established in this judgment (supra 78 and 80), there were a series of irregularities in the impeachment proceeding against the justices of the Constitutional Court. These irregularities prevented the exercise of defense before an impartial organ and resulted in a consequent violation of due process, as a result of which the three justices were dismissed. These justices were unable to have access to a simple, prompt and effective recourse for the restitution of the rights violated (supra 93-97). This situation prevented the justices from remaining in their functions under the conditions established in Article 23(1)(c) of the American Convention.