With regard to evidence that does not have to be produced in session (reports, expert opinions), the convening of a special session for that purpose shall be dispensed with, and these pieces of evidence shall be added to those already produced, before the session to hear arguments. The evidence admitted, in the case of both defendants and accusers, shall be produced in the following order: a) accuser and defense (case of Supreme Court Justice Dr. Carlos Fernández Gadea); b) accuser and defense (case of Supreme Court Justice Dr. Luis Lezcano Claude); and c) accuser and defense (case of Supreme Court Justice Dr. Bonifacio Ríos Ávalos). Article 8.- In the final special session, to be held on Friday, December 12 of this year, at 8:30 a.m.: a) the plenary of the Honorable Senate shall deliberate publicly on the points argued by the parties and on the evidence produced; and b) immediately following, the corresponding roll call vote shall take place. If the minimum number of votes is forthcoming, as required by the Constitution for such effects, the defendants shall be declared guilty and shall be removed from their posts ipso jure. In cases in which crimes have allegedly been committed, the records of the proceedings shall be turned over to the ordinary justice system; otherwise, they shall be archived. The result of the impeachment trial shall be notified to any parties who may not have attended the proceedings, to the Supreme Court, and to the executive branch. Article 9.- For cases not contemplated in this Resolution, or if there should be any doubt or divergence over the interpretation of one of its provisions, the Tribunal shall be able to resolve the issue immediately, after discussing the matter.10 4. Impeachment trial in the Senate 32. The impeachment trial in the Senate began on November 26, 2003, after that chamber had approved the draft articles of impeachment.11 33. On December 3, the Senate dropped several charges and continued the proceedings with respect to Bonifacio Ríos Ávalos only on counts 1, 2, and 4, and with respect to Carlos Fernández Gadea on counts 5, 7, and 14. These have to do with the declaration that justices are appointed for life; modification of the procedure for confirming judges; interference by the Supreme Court in legislative matters; failure to abide by judicial deadlines; resolution of actions of unconstitutionality with erga omnes effects; and the Mundy Case. In that regard, the Senate argued that dropping the charges in question would save time and allow for a more extensive discussion of the most important issues, in addition to ensuring that the defendants could carry out their defense.12 Senate Resolution No. 122. Annex 7. Transcript of the special session of November 18, 2003, of the Chamber of Deputies. Annex to the State’s written observations of September 22, 2010. 12 The charges that were dropped referred, respectively, to: 3. Usurpation of legislative authority in tax-related matters; 6. Attempt to thwart the authority of the legislative branch in order to keep the Second Chamber of the Court of Accounts functioning, referring to a judicial body that has often hindered the work of the Office of the Comptroller General of the Republic and that has the Court’s support through actions of unconstitutionality and precautionary measures; 8. The reinterpretation by the Supreme Court’s Criminal Chamber of a precept in the Code of Criminal Procedure to avoid the effects of Article 142 of the Code of Criminal Procedure, thus “inaugurating” a mandatory precedent for similar and emblematic cases, the application of which will increase impunity; 9. The Supreme Court’s unlawful appropriation of two aircraft confiscated from drug traffickers, in contravention of the Chicago Convention; 10. Irregularities in the bidding process related to the North Tower of the Palace of Justice, as well as the concession of the contract to bidders whose bids were higher than those of rejected bidders; 11. Egregious and widespread cases of nepotism, including positions held by direct relatives of the justices; 12. The unusual promotion of Judge Juan Carlos Paredes, who was involved in a drug trafficking case that was called into question, in which it was determined to grant a sentence other than imprisonment; 13. Self-awarded salary increases in 2002, in [continues …] 10 11 8