adds that the vote of the CSJ sitting en banc (nine members) was unanimous in rejecting the action of unconstitutionality. 22. The State contends that the petitioner cannot use the IACHR as a judicial instance of last resort to try to reverse court decisions in proceedings in which he participated fully—decisions that are final and enforceable. III. DETERMINATIONS OF FACT A. Relevant legal framework 23. As will be explained in detail in the next section, the alleged victim was removed from office as a result of a disciplinary proceeding before the Jury for the Prosecution of Magistrates, which is regulated in the National Constitution of Paraguay and in Law No. 1084 of the 1997 Procedures for the Prosecution and Removal of Magistrates. 24. The Paraguayan Constitution establishes the following: Article 253 – THE PROSECUTION AND REMOVAL OF MAGISTRATES Judicial magistrates may be prosecuted and removed only for the commission of crimes or for poor performance of their duties, as defined in the law, by decision of a Jury for the Prosecution of Magistrates. This shall be composed of two members of the Supreme Court of Justice, two members of the Council of Magistrates, two senators, and two deputies; these last four must be lawyers. The functioning of the Jury for the Prosecution of Magistrates shall be regulated by law. 25. With regard to public prosecutors, the Constitution indicates the following: Article 270 – PUBLIC PROSECUTORS Public prosecutors are designated in the same manner as this Constitution establishes for judges. Their term of office and procedures for removal are the same. In addition, they have the same provisions on conflict of interests and immunity as those established for members of the judicial branch. 26. Law No. 1084 establishes the composition and procedures of the Jury for the Prosecution of Magistrates, as well as the grounds for discipline. 27. Article 1 indicates the following: The Jury for the Prosecution of Magistrates, hereinafter “the Jury,” shall elect from among its members, in order and by means of secret ballot, its President and Vice-President, who shall remain in office for one year, with the possibility of re-election. During the same act, the President-designate shall take an oath or pledge to perform his or her duties and work in accordance with the provisions of the Constitution and the laws. Immediately thereafter, the members shall do the same before the President. 28. Article 3 indicates the following: The members of the Jury shall be designated, respectively, by simple majority of votes of the members of the Supreme Court of Justice, the Chamber of Senators, the Chamber of Deputies, and the Council of Magistrates. The members of the Jury shall remain in office until they have served the period for which they were elected or designated. 29. Article 11 determines the following: 4

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