Additionally, they have the same incompatibilities and immunities as those
determined for the members of the Judicial Branch.10
28. Meanwhile, the regulation for the Impeachment of Magistrates at the time of the
facts was established in Law No. 1084.11 The main articles applicable to the instant case
are transcribed below.
Article 1. The Jury for the Impeachment 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 for reelection.
During the same proceeding, the appointed President shall take an oath or pledge to
perform his or her duties and work as provided under the Constitution and by law.
Immediately thereafter, the members shall do the same before the President.
Article 3. 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 Representatives, 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.
Article 11. In accordance with the procedures established in this law, the Jury is
responsible for prosecuting members of Appeals Courts of any jurisdiction, of other
judges, and of those who work as State Attorneys and Prosecutors in the Office of the
Public Prosecutor.
Article 12: The commission of crimes or poor performance of the duties defined in this
law are grounds for impeachment.
Article 14. The following constitutes poor performance of duties warranting the
removal from office of judicial magistrates, prosecutors, state attorneys, and justices
of the peace:
[...]
b) repeated and serious breach of the obligations established in the National
Constitution, Procedural Codes, and other laws on the exercise of their duties;
c) failing to maintain personal independence in the exercise of their duties and
submitting, without any law requiring them to, to orders and instructions from higherranked magistrates or from officials from other branches or agencies of the State;
[...]
g) demonstrating a manifest bias or ignorance of the law in trials, manifested through
repeated acts;
[...]
n) giving information or issuing declarations or comments to…third parties about the
trials they are handling, when they might affect their processing, or affect the honor
or reputation or the presumption of innocence established in the National
Constitution; or causing controversy about ongoing trials;
[...]
p) receiving gifts or accepting promises or other benefits, directly or indirectly, from
persons who in any way may play a role or have an interest in the trials they are
handling; [...]
Constitution
of
the
Republic
of
Paraguay
of
June
https://www.bacn.gov.py/CONSTITUCION_ORIGINAL_FIRMADA.pdf.
10
20,
1992.
Text
available
at
11
Cf. Law No. 1084 regulating the procedure for the impeachment and removal of magistrates of June 19,
1997 (case file of evidence, folios 201 to 209). Currently, the procedure is regulated by Law No. 3759 of July
2, 2009.
8