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