I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
The case submitted to the Court. - On March 11, 2021, the Inter-American
Commission on Human Rights (hereinafter "the Inter-American Commission" or "the
Commission") submitted to the jurisdiction of the Court the case of Alejandro Nissen
Pessolani against the Republic of Paraguay (hereinafter also "the State" or "Paraguay").
The Commission indicated that the case is related to the alleged responsibility of the
State for the violation of a series of judicial guarantees in the framework of a process
followed against Alejandro Nissen Pessolani by the Jury for the Impeachment of
Magistrates (hereinafter also "JEM") that determined the removal of his position as
Criminal Prosecutor.
2.
Procedure before the Commission. - The procedure before the Commission was as
follows:
a) Petition. - On December 27, 2004, the Commission received the initial petition
filed by Alejandro Nissen Pessolani.
b) Admissibility report. - On July 24, 2014, the Commission approved
Admissibility Report No. 60/14. Said Report was notified to the parties on
August 18, 2014.
c) Merits Report. – On October 29, 2020, the Commission approved the Merits
Report No. 301/20. It concluded that Paraguay was responsible for the
violation of the rights to judicial guarantees, principle of legality, freedom of
expression and judicial protection, enshrined in Articles 8(1), 8(2)(b), 8(2)(c),
8(2)(h), 9, 13(1), 13(2), 23(1)(c) and 25(1) of the American Convention in
relation to the obligations established in Articles 1(1) and 2 thereof, to the
detriment of Alejandro Nissen Pessolani, and various recommendations were
made to the State.
d) Notification to the State. - On December 11, 2020, the Commission notified
the State with Merits Report No. 301/20, granting it a period of two months
to report on compliance with the recommendations. In its response, Paraguay
rejected the Commission's conclusions and recommendations, considering
that the State's actions in the context of the facts of this case were in
accordance with the applicable legal and constitutional rules. By virtue of the
foregoing, the Commission decided to submit the case to the Inter-American
Court "taking into account the need to obtain justice and reparation for the
[alleged] victim.”
3.
Submission to the Court. - On March 11, 2021, the Commission1 submitted the
totality of the facts and human rights violations described in the Merits Report No.
301/20 to the jurisdiction of the Inter-American Court. This Court notes with concern
that more than sixteen years elapsed between lodging the initial petition to the
Commission and submitting the case to the Court.
4.
Requests of the Commission. – Based on the above, the Commission asked the
Court to declare the international responsibility of the State for the same violations
indicated in its Merits Report (supra para. 2(c)). Likewise, the Commission requested
1
As its delegate before the Court, the Commission appointed Commissioner Edgar Stuardo Ralón
Orellana and the then Deputy Executive Secretary Marisol Blanchard Vera, as well as Jorge Humberto Meza
Flores, then specialist of the Executive Secretariat and Daniela Saavedra, specialist of the Executive Secretariat
of the Commission as legal advisors.
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