to the petitioners' submission that the appointment process for members of the Jury violated the guarantee of
an impartial tribunal because the Board's members are elected on a case-by-case basis and are not tenured,
the State argued that the right to be heard by a competent tribunal has to do not with the tenure of the
individuals in the post but with the preexistence of the adjudicatory body. It added that Mr. Rico was heard by
a tribunal established prior to his accusation.
29.
As to the submission that his right to a hearing with fair trial guarantees was impaired by the
fact that the President of the Jury extended the preliminary discovery period (etapa de información sumaria)
by 15 days, the State said that the petitioners did not explain how that extension affected the alleged victim's
rights. It added that the petitioners also failed to argue how the additional charges, the rejection of the
applications for nullity presented, and the evidence offered by the accused affected the alleged victim's right
of defense. The State alleged in general terms that in accordance with the practice and caselaw of the interAmerican system, the assessment of evidence made by domestic tribunals is not susceptible to review by an
international tribunal.
30.
It argued that there had been no violation of the right to appeal the judgment to a higher
court, saying that it was not a criminal proceeding, but a political one that was susceptible to judicial review
provided that the interested party accredited a violation of due process, which had not happened in this case.
It added that the right of appeal applies to criminal proceedings, but excludes proceedings before the
Impeachment Jury.
31.
The State said that it had not violated the right to judicial protection, arguing that Mr. Rico
appeared to be confusing an unfavorable decision with the lack of a ruling by a judicial body. However, it said
that the Supreme Court of Justice of the Nation, in rejecting the motion for reconsideration of dismissal of
appeal, examined the violations denounced by the alleged victim and decided that they were not
demonstrated in the proceeding.
32.
The State argued that it had not violated the principle of legality, saying that Mr. Rico was
dismissed exclusively for the causes envisaged in paragraphs e, f, and k of Article 21 of Law 8085 of the
Province of Buenos Aires, which referred, respectively, to reiterated incompetence or negligence
demonstrated in the performance of official duties, reiterated failure to perform the official duties inherent to
the post, and reiterated allowance of procedural deadlines to lapse without pronouncing on the matters
submitted for a decision or an opinion.
IV.
PROVEN FACTS
A.
Regarding Eduardo Rico
33.
The petitioners said that the alleged victim served as a judge in 1970s and was terminated
from his judgeship in August 1976 as a "result of the advent of the military regime in March 1976," which
entailed the dismissal of large numbers of constitutionally elected magistrates.
34.
According to information provided by both parties, the alleged victim was reinstated in the
judiciary in 1996. There is no dispute over the fact that at the time of the events alleged in the petition he was
serving as a judge on the Sixth Labor Tribunal of the Judicial Department of San Isidro.
B.
Regarding the legal framework applicable to the impeachment of judges in the
Province of Buenos Aires
35.
As the next section explains in detail, the alleged victim was dismissed and declared
ineligible for service in the judiciary as a result of a punitive proceeding before an impeachment jury
governed by the Argentine National Constitution, the Constitution of the Province of Buenos Aires and Law
8085 (Rules of Procedure for the Impeachment Judges).