4
March 14, 1997 attests. That document is a record of the fact that the
procedure described therein had been authorized before the decision was
written;
n)
On February 28, 1997, the Congress of Peru approved the creation of
a committee to investigate the incidents of harassment and pressure to which
the Constitutional Court was allegedly subjected, based on complaints
brought by Justice Revoredo Marsano de Mur. Committee members were
prohibited from making any pronouncements concerning matters within the
Constitutional Court’s jurisdiction;
o)
On May 5, 1997, the Congressional Indictment Subcommittee
presented its Permanent Commission with articles of impeachment against
justices Aguirre Roca, Rey Terry and Revoredo Marsano de Mur. They were
charged with breach of the Constitution, based on the following arguments:
a.
Presenting a mere working paper as a judgment already discussed and
approved by the Constitutional Court en banc. Justice Guillermo Rey Terry is
particularly at fault, as he had prepared the Memorandum of Transmittal
wherein he portrayed what was merely a position paper as being a ‘judgment’.
b.
On January 21, 1997, Justices Aguirre Roca, Rey Terry and Revoredo
Marsano on their own entered a ruling of the Constitutional Court on the
petition that the Lima Bar Association filed seeking a clarification; the Court was
never convened to deliberate en banc, with the result that the decision was not
taken with the quorum required by law and did not carry the majority that the
law requires.
p)
On May 6, 1997, the Congressional Permanent Commission named a
subcommittee to evaluate the request seeking impeachment.
That
subcommittee requested that the justices submit a report on the matters
under investigation within 48 hours. The respondent justices stated that this
was a “reprisal for their ruling on the Presidential Re-election Law”;
q)
On May 14, 1997, justices Manuel Aguirre Roca, Guillermo Rey Terry
and Delia Revoredo Marsano de Mur forwarded the March 14, 1997 document
wherein it is shown that they had express authority to enter the judgment
that was the reason why their impeachment was being sought;
r)
On May 15, 1997, the subcommittee especially appointed for that
purpose filed its report with the Congressional Permanent Commission and
recommended that Congress proceed with impeachment;
s)
The Congressional Permanent Commission filed articles of
impeachment against the three justices in question who, for the duration of
the investigation, never had an opportunity to learn and rebut the charges
against them or what breach of the Constitution they were alleged to have
committed. The Commission also presented articles of impeachment against
Justice Ricardo Nugent as President of the Constitutional Court, for having
“facilitated the unlawful conduct of justices Manuel Aguirre Roca, Guillermo
Rey Terry and Delia Revoredo Marsano de Mur by not convening the full
membership of the Constitutional Court to rule on the petition filed by the
Lima Bar Association seeking clarification;