party to determine its litigation strategy, and the opposing party may pose the objections
it deems appropriate in accordance with the Rules of Procedure.
22. Regarding the alleged communication between the party and the witness Luis
Talavera prior to his testimony at the hearing, the Court's Rules of Procedure establish
in Article 51(6) that declarants may not be present during the testimony of another
alleged victim, witness, or expert witness at a hearing before the Court. In the instant
case, the witness Luis Talavera was outside the courtroom until the time of his testimony, so
there was no violation of this Court’s Rules of Procedure.
23. Meanwhile, as the arguments made regarding the other statements, they refer to
their evidentiary value and not to the admissibility of the evidence. Consequently, the
Court will take into account the observations made by the State when assessing this
evidence, together with the rest of the body of evidence.
24. Moreover, in following with the request by the President of the Court at the hearing,
the State submitted the written version of Osvaldo Alfredo Gozaíni's expert report
alongside its final arguments. In its observations, the representation of the alleged
victim considered that said expert report "was not conducted with a neutral and
objective approach." In this regard, this Court considers that the allegations presented
by the representative refer to the evidentiary value of the expert opinion and not to its
admissibility.
25. Thus, the Court deems it pertinent to admit the statements made in a public
hearing and before a notary public, as well as the written version of the expert opinion,
as long as they comply with the purpose defined by the Presidency in the Order that
provided they be received.
V
FACTS
26. In view of the points raised by the parties and the Commission, the relevant facts
of the case will be presented below in the following order: A) relevant regulatory
framework; B) the appointment of Alejandro Nissen Pessolani and his performance as
Public Prosecutor; C) the disciplinary procedure applied against Public Prosecutor Nissen
Pessolani; D) the second complaint filed against Public Prosecutor Nissen Pessolani; and
E) the unconstitutionality action filed by the alleged victim.
A. Relevant regulatory framework
27. The impeachment and the removal of Magistrates and Public Prosecutors is defined
in the Political Constitution of Paraguay, as follows:
Article 253. IMPEACHMENT AND REMOVAL OF MAGISTRATES
Judicial Magistrates may only be tried and removed for committing crimes, or for
malfeasance of their functions specified in the law, by the decision of a Jury of
Impeachment [Enjuiciamiento] of Magistrates. It will be composed of two ministers
of the Supreme Court of Justice, two members of the Council of the Magistrature, two
Senators and two Representatives; these last four must be lawyers. The law will
regulate the functioning of the Jury of Impeachment [Enjuiciamiento] of Magistrates.
Article 270. PROSECUTORS
Prosecutors are appointed in the same way that this Constitution establishes for the
judges. They remain in their duties and are removed by the same procedures.
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