Constitution, neither the President nor the Vice President of the Republic can in any way
intervene in an impeachment process; the articles of impeachment are prepared by the
House of Representatives, and the impeachment trial is conducted by the Senate.
12.
According to the petitioner, in the wake of this agreement, the political
parties and the President had allegedly designated the Vice President, Luis Alberto Castiglioni,
to serve as mediator and ask the justices of the Supreme Court to tender their respective
resignations; if not the impeachment process would begin immediately. Confronted with this
decision –one widely reported in the newspaper articles that are part of the Commission’s file
on this case-, the Supreme Court en banc adopted a decision containing a public statement
in which the justices declared that they would neither relinquish their right nor forswear their
duty and obligation to continue administering justice. According to the petitioner, it was this
declaration that allegedly triggered the process of impeaching the six justices on the Supreme
Court.1
13.
The petitioner adds that on September 6, 2003, the President of the Republic
publicly stated that he would “pulverize the judicial branch.” His statement was reported by
various media outlets, whose articles are part of this complaint. Thereafter, the petitioner
states, the senators and political leaders allegedly began to look for grounds to impeach those
justices that they had already decided to remove from the bench. To that end, a letter box
was established for collecting complaints against the justices on the Court. When no
complaints were forthcoming, the petitioner alleges that they scoured through the Supreme
Court rulings to put together the 20-point articles of impeachment as the basis for the decision
to remove the justices from their seats on the bench and replace them with figures
representing the parties in power.
14.
The petitioner explains that there was no impeachment law setting out the
rules of procedure for the impeachment process provided for in Article 225 of the Paraguayan
Constitution. Therefore, on November 25, 2003 the Senate passed Resolution No. 122 entered into the Commission’s file on this case- in which it established a set of rules for an
impeachment trial. The petitioner contends that those rules prohibit the exercise of any
means of defense, appeal of the decisions adopted by the Senate, and recusal of the judges,
who are the senators. That resolution further stipulates that the defense argument may last
no more than three hours.
15.
On November 27th 2003, the petitioner filed an action challenging the
constitutionality of this resolution. According to the petitioner, his challenge was never
decided because the Constitutional Court to rule on this action has not yet been
established. He explained that the principal and alternate members of the Constitutional
Court who should have heard the complaint recused themselves. This, the petitioner argues,
constituted a violation of Article 25 of the Convention, which establishes the right to judicial
protection.
16.
The petitioner observes that the articles of impeachment were signed by the
party leaders in the House of Representatives and listed twenty counts. The petitioner himself
was indicted on sixteen counts. The petitioner contends that the twenty articles of
impeachment were the subject of spirited debate in the House of Representatives, leaving no
time for the Committee on Constitutional Affairs to analyze them. That Committee’s role is
to determine whether the conditions have been met to institute an impeachment
1 Justices Raúl Sapena Brugada, Jerónimo Irala Burgos, Felipe Santiago Paredes, Carlos Fernández Gadea, Luis
Lezcano Claude and Bonifacio Ríos Ávalos.