the Special Session of the National Congress held on December 12, 2003, during the
impeachment trial against the justices of the Supreme Court, in which he stated the
following: “What is an impeachment trial and what distinguishes it from a court proceeding?
[…] The impeachment trial was developed as a parliamentary procedure to take away
authority from an official who was deemed to be corrupt and incompetent. […] Some of the
rules that are essential in court proceedings do not apply in the case of an impeachment trial,
such as the principle of the impartiality of the judges. […] The rule prohibiting prejudgment
does not apply either, because politics is waged on the field of confrontation and dispute.”
38.
The State argues that the Constitution of Paraguay lists poor performance
as one of the grounds for impeachment. Therefore, the petitioner was impeached on the
grounds that the Law prescribes. According to the State, 14 of the 20 counts were dropped
not for lack of grounds, but because presenting the evidence to prove those charges would
have taken too much time and would have dragged out the proceedings and delayed the
impeachment verdict.
39.
The State also makes specific reference to the 6 counts considered to remove
the petitioner from the bench. Concerning article of impeachment 1, the State observes that
the ruling is a juridical outrage, riddled with irrational and unlawful interpretation. Concerning
article of impeachment 2, the State alleges that the impeached justices did not interpret the
case put to them; instead, they delivered a twisted interpretation that misrepresented the
Constitution. As for article of impeachment 4, the State contends that the law was stretched
in order to grant a measure that was in violation of the Constitution. Concerning article of
impeachment 5, the State argues that the conduct of the impeached justices was one of
complete indolence and negligence. As for article of impeachment 7, the State contends that
the impeached justices delivered a ruling with erga omnes effects, in violation of the
Constitution. Finally, in the case of article of impeachment 14, the State explains that “all
good citizens in Paraguay regarded the suit that Mundy Recepciones brought against Itaipú
Binational as treasonous.”
40.
The Paraguayan State argues that the principle of nondiscrimination
established in Article 24 of the Convention was not violated, because in an impeachment, the
National Congress has exclusive authority to decide who will and who will not be tried. It
adds that juridical treatment that is different is not necessarily discriminatory, because not
every difference in treatment can, by itself, be regarded as offensive to human dignity. The
State explains that “the impeachment trial was undertaken against those six ministers on the
Supreme Court whose presence in the judicial branch was adversely affecting its ability to
function fully, normally and properly and was damaging its image.”
41.
The State reports that by Resolution 34/03 of November 19, 2003, the House
of Representatives sent the articles of impeachment to the Senate Chamber, which served as
the order setting the matter for criminal trial 1,697/04, prosecuted in the criminal
jurisdiction. The petitioner was one of the defendants named.
42.
As for the exhaustion of local remedies, the State observes that on
November 27, 2003, the petitioner filed an action challenging the constitutionality of Senate
Resolution 122, passed on November 25, 2003. The State explains that after a number of
magistrates recused themselves, a hearing was held on April 20 and the prosecutor’s office
recommended that the two challenges brought by the petitioner be joined. According to the
State, the claim that no justice wants to sit on the Constitutional Court is false. It asserts
that once all the members of that chamber have been seated the decision and ruling required
under the law will be delivered on the challenge that the petitioner brought. It argues that
disqualifications and recusals cannot be used to delay or deny justice.