Case 14: Case of M[undy Recepciones] or the case of the “Croquetas de Oro” [Golden Croquettes] […] On February 28, 2002, the Constitutional Chamber of the Supreme Court of Justice […] delivered Judgment [No.] 62 deciding to reject the action of unconstitutionality filed by I[taipu] Binacional […].45 33. These five cases are those that were finally ratified by the Indictment Committee appointed by the Chamber of Deputies before the Senate, and they all refer to judicial decisions. C.3. Procedure before the Senate 34. On November 25, 2003, the Senate issued Resolution No. 122 establishing the procedure for the impeachment proceedings against the justices of the Supreme Court of Justice Carlos Fernández Gadea, Luis Lezcano Claude and Bonifacio Ríos Ávalos. The resolution included the following rules: Article 2. Challenges, recusals, preliminary questions and special statements or confessional evidence shall not be admitted. […] The resolutions issued by the Senate sitting as a court are not subject to any type of appeal. […] Article 4. The Senate shall sit as a court, following the swearing-in of its members […] on Wednesday, November 26 this year […]. Each indictment may not take more than one hour and thirty minutes and must be made specifically or individually. […] Each defense may not take more than three hours. […] Article 6. At the special session at 8 a.m. on Wednesday, December 3 this year, the court shall decide to admit or to reject each item of evidence offered. […] Article 8. At the last special session to be held at 8.30 a.m. on Friday, December 12 this year: (a) the full Senate shall deliberate publicly on the claims made by the parties and on the evidence submitted, and (b) then, the corresponding nominal vote will be held; if the minimum number of votes required by the Constitution for this purpose are met, the defendants shall be declared guilty and removed ipso jure from their functions. In the case of a supposed perpetration of offenses, the file will be forwarded to the ordinary jurisdiction; to the contrary, the case will be closed.46 35. On November 26, 2003, the impeachment proceedings were initiated before the Senate, sitting “as a court”; at that time, the Indictment Committee appointed by the Chamber of Deputies presented the indictment against the three justices.47 During the session of December 1 that year, the indicted justices presented their defense and the parties offered their respective evidence.48 36. On December 3, 2003, the Indictment Committee withdrew several of the charges contained in the indictment49 and ratified the following in order to continue the impeachment proceedings: (a) cases 1, 2 and 4 with regard to Justice Carlos Fernández Gadea; (b) cases 1, 2, 4, 5, 7 and 14 with regard to Justice Luis Lezcano Claude, and (c) cases 1, 2, 7 and 14 45 Cf. Resolution No. 134 of the Chamber of Deputies of the National Congress of the Republic of Paraguay of November 18, 2003, and Statement of reasons (evidence file, volume V, annex 5.1. to the answering brief, folios 10556, 10558 to 10560, 10562 to 10569, 10571 to 10582 and 10593 to 10595). 46 Cf. Resolution No. 122 of the Senate of the National Congress of the Republic of Paraguay of November 25, 2003 (evidence file, volume IV, annex VI.B to the pleadings and motions brief, folios 6863 to 6865). 47 Cf. Transcript of the session of the Senate of the National Congress of the Republic of Paraguay of November 26, 2003 (evidence file, volume V, annex 4.3. to the answering brief, folios 10165 and 10166). 48 Cf. Transcript of the session of the Senate of the National Congress of the Republic of Paraguay of December 1, 2003 (evidence file, volume V, annex 4.4. to the answering brief, folios 10203 to 10341). 49 Consequently, the Indictment Committee withdrew cases 3, 6, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19 and 20. Cf. Transcript of the session of the Senate of the National Congress of the Republic of Paraguay of December 3, 2003 (evidence file, volume V, annex 4.5. to the answering brief, folio 10345). 13

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