legal judges appointed pursuant to the Constitution, with the exclusion of magistrates
appointed temporarily (...)72
50.
On June 11, 2003, the Superior Court of Justice of Corrientes issued a resolution rejecting the
appeals filed by defense counsel. 73 The Superior Court of Justice indicated the following
The claimant alleges that the judges of the Court (Maldonado and Monzón) have not been
appointed in accordance with the procedure established by the Constitution of the Province;
the appointments were made when the Senate was in session and therefore the Executive
Branch was impeded from appointing temporary judges.(...) It is thus indisputable that the
Executive Power of the Province has formalized the appointment of three members of the
Superior Court of Justice during the Senate’s recess, filling the respective posts with
temporary magistrates, and for a limited time. Such a decision constitutes a political act
within the competence of that branch of government and therefore outside the jurisdiction
of the judicial organs.74
51.
Likewise, the Superior Court of Justice ordered the removal of the Prosecutor from this and
all consolidated cases. 75 It stated the following:
In light of the change of position by the Deputy Prosecutor predicated on false grounds, this
surprising attitude seriously affects the impartiality expected from the Public Ministry in the
exercise of its jurisdictional functions even if they are not binding on the decisions of the
Court.76
52.
On June 26, 2003, defense counsel filed an extraordinary appeal with the Superior Court of
Justice of Corrientes against the decision of June 11, 2003, 77 alleging that such decision violated various
provisions of the Constitution of the Argentine Republic regulating the manner in which local magistrates are
appointed. 78 Likewise, on August 7 and 22, 2003, defense counsel requested that the Superior Court of Justice
decide on the issue of a new composition.79
53.
On April 7, 2004, the Superior Court of Justice of Corrientes issued a judgment whereby (i) it
declared the matter relating to the composition of the Superior Court of Justice to be moot; ii) rejected the
appeals filed by defense counsel concerning the temporary judges and the appointment of Instructing
Magistrate No.1. 80 The Superior Court of Justice offered the following grounds:
a)
Regarding the nullity of the composition of the Tribunal raised by defense counsel:
(...) at the date of appointment of temporary judges ... the legislative branch was in recess,
with a self-proclaimed accidental majority of legislators present, without legal capacity to
substitute or delegitimize that situation ...Art. 169 of the Code of Criminal Procedure
72 Opinion of the Attorney General of Corrientes to the Superior Court of Justice, June 2, 2003. Annex to Petitioner’s
communication dated July 2008.
73
Decision No. 33 of the Superior Court of Justice, June 11, 2003. Annex to the Petitioner’s communiqué dated July 10, 2008.
74
Decision No. 33 of the Superior Court of Justice, June 11, 2003. Annex to the Petitioner’s communiqué dated July 10, 2008.
75
Decision No. 33 of the Superior Court of Justice, June 11, 2003. Annex to the Petitioner’s communiqué dated July 10, 2008.
76
Decision No. 33 of the Superior Court of Justice, June 11, 2003. Annex to the Petitioner’s communiqué dated July 10, 2008.
77
Extraordinary Appeal, June 26, 2003. Annex to the Petitioner’s communiqué dated July 10, 2008.
78
Extraordinary Appeal, June 26, 2003. Annex to the Petitioner’s communiqué dated July 10, 2008.
79 Request for Annulment, August 7, 2003. Annex to the Petitioner’s communiqué dated July 10, 2008. Appeal for
Reconsideration, August 22, 2003. Annex to the Petitioner’s communiqué dated July 10, 2008.
80 Judgment No. 23 of the Superior Court of Justice of Corrientes, April 7, 2004. Annex to the Petitioner’s communiqué dated
July 10, 2008.
11