VI.
FACTS
25. The facts of the present case refer to the proceeding of dismissal of Eduardo Rico as
Judge of Labor Court No. 6 of the Judicial Department of San Isidro in Argentina, as well as
his ineligibility to hold another judicial position for having incurred in disciplinary offenses. In
this chapter the Court will establish the facts that will be considered proven in the present
case, based on the evidence that has been admitted and according to the factual framework
established in the Merits Report. In addition, it will include those facts presented by the parties
that serve to explain, clarify or dismiss this factual framework.16 Next, the facts of the present
case will be presented in the following order: a) background; b) the facts that occurred in the
proceedings before the Provincial Impeachment Jury, and c) the appeals filed by Mr. Rico.
A. Background
26. Mr. Rico began his judicial career in the 1970s in the Judicial Branch of the Province of
Buenos Aires, serving as a judge. In August 1976, as a result of the suspension of
constitutional guarantees that occurred as a consequence of the advent of the military regime
in March 1976, he was dismissed. In 1996 he was reinstated in the Judicial Branch and was
appointed judge of the Labor Court No 6 of the Judicial Department of San Isidro in the
Province of Buenos Aires.
27. In 1999, a complaint was filed against the alleged victim before the Council of the
Magistracy, and as a result, he was subjected to a proceeding before a Provincial Jury for the
Impeachment of Magistrates and Officials, which was processed in accordance with the
provisions of Articles 182 to 188 of the Constitution of the Province of Buenos Aires and in
accordance with the procedural rules for the impeachment of magistrates set forth in Law
8085.
B. The facts of the proceedings before the Provincial Impeachment Jury
Cf. Case of "Five Pensioners" v. Peru. Merits, Reparations and Costs. Judgment of February 28, 2003. Series
C No. 98, para. 153, and Case of Villamizar et al. v. Colombia. Preliminary Objection, Merits, Reparations and Costs.
Judgment of November 20, 2018. Series C No. 364, para. 57.
16
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