performance of their official duties before a jury of 11 members that may function with a
composition of no fewer than six, which shall be composed of the President of the Supreme
Court of Justice, who shall preside over it; five registered lawyers who satisfy the conditions
to be members of said tribunal; and up to five lawyer-legislators".
62. This was verified in the instant case, where four of the nine members of the jury were
legislators chosen by drawings of lots from the list of lawyers set up by the Council of the
Magistracy (supra para. 30).
63. Second, the Court notes that there is a limit in relation to the exercise of the powers of
the Impeachment Jury. In particular, Article 184 of the Constitution of the Province of Buenos
Aires provides that: "[t]he jury shall render its verdict in accordance with the law, declaring
the accused judge guilty or not guilty of the act or acts with which they are charged".
64. In developing this mandate, Law 8085 contains explicit grounds for indictment and
subsequent conviction. Among those mentioned are: not satisfying the conditions that the
Constitution and laws specify for holding the post, having a physical or mental disability,
receiving a retirement benefit or enjoying a national, provincial or municipal pension,
reiterated incompetence or negligence demonstrated in the performance of official duties,
reiterated failure to perform the official duties inherent to the post, among others.39
65. In turn, Law 8085 provides that immediately after the pleadings, the President will
summon the jury to a reserved session to issue the verdict,40 which will be the product of the
answers given by each of the jurors to the questions established in Law 8085.41 These
questions, which guide the private deliberation carried out by the jury, are elements that
frame their judgment, and ultimately can be classified as an element of legal control.
Additionally, the law provides for the participation of a lawyer for the correct exercise of the
right to defense42 and also provides for an oral hearing for the parties to present evidence
and final arguments, all of this within prescribed times.43
66. In view of the foregoing, the Court finds that it is not possible to affirm that the process
before an Impeachment Jury does not provide procedural mechanisms to ensure the
guarantees of due process because of the composition of the jury. On the contrary, in the
opinion of this Court, the elements to which reference has been made allow affirming that the
functions of the Jury are not exercised in a subjective manner or based on political discretion,
since there are prior, clear and objective criteria contained in the law and the Constitution of
the Province that limit the activity of the jury and reinforce the control exercised. In view of
the foregoing, the Court considers that it has not been proved that the procedure before the
Impeachment Jury violated the principle of judicial independence, in its normative
configuration or in the specific case.
67. With regard to the protection from external pressure as an element of judicial
independence, this implies that the State must refrain from undue interference in the Judiciary
Cf. Articles 20 and 21 of Law 8085.
Cf. Article 41 of Law 8085.
41
Article 42 of Law 8085 states: "Once the Jury is constituted in a reserved session for the purpose of rendering
the verdict, the President shall take the pertinent measures so that none of the jurors may leave the house until the
verdict is rendered, and shall immediately submit to the jury the following questions: a. Is the deed proven as
charged? b. Does the deed amount to the criminal offense established in Article 20, paragraph...of the Impeachment
Law? c. Does the deed amount to the minor offense established in Article 21, paragraph... of the Impeachment Law?
d. Is the accused responsible for the criminal offense that has been declared proven? e. Is the accused responsible
for the minor offense that has been declared proven? f. These questions shall be put for however many serious or
minor offenses that each accused is charged with. The President will also ask the Jury the following questions: g.
Should the accused be dismissed? h. Should the accused be made to bear the costs? i. Should the plaintiff be made
to bear the costs?".
42
Cf. Article 33 of Law 8085.
43
Cf. Articles 34 to 44 of Law 8085.
39
40
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