"(e) reiterated incompetence or negligence demonstrated in the performance of official
duties"; "(f) reiterated failure to perform the official duties inherent to the post", and (k)
"reiterated allowance of procedural deadlines to lapse without pronouncing on the matters
submitted for a decision or an opinion, which cannot be excused on the grounds of excessive
workload or absence of a claim by the interested party".26
C. Appeals filed by Mr. Rico
33.
Mr. Rico filed two appeals before the SCJBA and one before the CSJN against the
Judgment issued by the Impeachment Jury, which are detailed below:
C.1. Special Appeal for Nullity ("REN") before the Supreme Court of the Province of
Buenos Aires ("SCJBA")
34.
Mr. Rico filed this appeal on July 6, 2000 before the SCJBA. He argued that the principle
of legality and due process were violated by the forced framing of the facts into the conducts
in Article 20 of the Impeachment Law? 7.3 Does this fact constitute one of the minor offenses envisaged in Article
21 of the Impeachment Law? 7.4 Is the accused responsible for the criminal offense that has been declared proven?
7.5 Is the accused responsible for the minor offense that has been declared proven? 8.1 Is it proven that he refused
to cast a vote in cases in which he had a legal obligation to do so? 8.2 Does this fact constitute one of the criminal
offenses envisaged in Article 20 of the Impeachment Law? 8.3 Does this fact constitute one of the minor offenses
envisaged in Article 21 of the Impeachment Law? 8.4 Is the accused responsible for the criminal offense that has
been declared proven? 8.5 Is the accused responsible for the minor offense that has been declared proven? 9.1 Is it
proven that he attempted to intervene in a proceeding from which he was excused? 9.2 Does this fact constitute one
of the criminal offenses envisaged in Article 20 of the Impeachment Law? 9.3 Does this fact constitute one of the
minor offenses envisaged in Article 21 of the Impeachment Law? 9.4 Is the accused responsible for the criminal
offense that has been declared proven? 9.5 Is the accused responsible for the minor offense that has been declared
proven? 10.1 Is it proven that Dr. Eduardo Rico dispensed preferential treatment in cases in which Dr. C. was involved
as counsel? 10.2 Does this fact constitute one of the criminal offenses envisaged in Article 20 of the Impeachment
Law? 10.3 Does this fact constitute one of the minor offenses envisaged in Article 21 of the Impeachment Law? 10.4
Is the accused responsible for the criminal offense that has been declared proven? 10.5 Is the accused responsible
for the minor offense that has been declared proven? 11.1 Is it proven that he stated that he would not comply with
the decision of the Court? 11.2 Does this fact constitute one of the criminal offenses envisaged in Article 20 of the
Impeachment Law? 11.3 Does this fact constitute one of the minor offenses envisaged in Article 21 of the
Impeachment Law? 11.4 Is the accused responsible for the criminal offense that has been declared proven? 11.5 Is
the accused responsible for the minor offense that has been declared proven? 12.1 Is it proven that he has treated
employees of this tribunal and lawyers improperly? 12.2 Does this fact constitute one of the criminal offenses
envisaged in Article 20 of the Impeachment Law? 12.3 Does this fact constitute one of the minor offenses envisaged
in Article 21 of the Impeachment Law? 12.4 Is the accused responsible for the criminal offense that has been declared
proven? 12.5 Is the accused responsible for the minor offense that has been declared proven? 13.1 Is it proven that
he allowed procedural deadlines for delivering judgments to expire and has issued pronouncements after requests
were made for prompt dispatch? 13.2 Does this fact constitute one of the criminal offenses envisaged in Article 20
of the Impeachment Law? 13.3 Does this fact constitute one of the minor offenses envisaged in Article 21 of the
Impeachment Law? 13.4 Is the accused responsible for the criminal offense that has been declared proven? 13.5 Is
the accused responsible for the minor offense that has been declared proven? 14. Should the accused be dismissed?
15. Should the accused be ordered to pay costs? 16. Should the plaintiff be ordered to pay costs?
24
Cf. Judgment of the Impeachment Jury of June 15, 2000 (merits file, folios 174-176).
25
Cf. Judgment of the Impeachment Jury of June 15, 2000 (merits file, folios 174-176).
26
The Jury considered it proven that he incurred in the following conducts: 1. Refusal to sign the agreement
formalizing the change of presidency due to the expiration of the annual term limit legally prescribed; 2. Ordering all
proceedings in which Dr. G.R. was involved as counsel to be held in reserve until psychiatrists issued an evaluation
of the faculties of the aforesaid professional; 3. Refusal to swear an oath of loyalty to the Buenos Aires flag before
the President of the Tribunal; 4. Refusal to cast a vote in cases in which he had a legal obligation to do so; 5.
Improper treatment of employees of the tribunal and lawyers; 6. Obstructed the holding of hearings; 7. Requested
his peers to recuse themselves and thereby abstain from intervening in those proceedings in which he had been
recused; and 8. Allowed procedural deadlines for delivering judgments to expire and has issued pronouncements
after requests were made for prompt dispatch. Cf. Judgment of the Impeachment Jury of June 15, 2000 (merits file,
folios 174-176), and Votes of the Impeachment Jury of June 15, 2000 (merits file, folios 8 to 173).
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