The third-party referred to Article 280 of the Constitution and Articles 3 and 17 of the enabling law of the DPV which provide that the Defensor shall be appointed for a single term of seven years. In this regard, the appointment of a new Defensor was due in 2024. However, and despite the Constitution and the DPV´s enabling law provisions indicating a single term, the National Assembly appointed the current Defensor for a second term on 31 October 2024.

In its response, the DPV noted that the current Defensor was the Executive Director of the DPV since December 2014, and that Article 33 of the DPV´s enabling law allows for the Executive Director “to exercise the position of Defensor in the event of an absolute vacancy and on an interim basis until the time when the incumbent is appointed”. While the SCA acknowledges this provision, it is also aware that Article 33 must be read in line with Article 25 of the law which provides that, in case of resignation, the National Assembly will declare the vacancy of the position, after which the procedure for the appointment of a new Defensor will be initiated within a period of no more than thirty continuous days, as established in Article 279 of the Constitution.

However, in 2017, the National Assembly did not declare the vacancy of the Defensor following the resignation of the previous Defensor, nor has it started the process for appointing a new Defensor.

The selection and appointment process of the leadership of an NHRI shall promote merit-based selection and ensure pluralism to guarantee the perceived and actual independence of, and public confidence in, the senior leadership on an NHRI.

The SCA refers to Paris Principle B.1 and to its General Observation 1.8 on ‘Selection and appointment of the decision-making body of NHRIs’.